Castle Rock Menacing Lawyer
Douglas County Menacing Attorney: Is a Baton a Deadly Weapon
The Douglas County, Colorado law definition of Menacing – C.R.S. 18-3-206 – is:
“(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:
(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.”
Deadly Weapon means:
- A firearm, whether loaded or unloaded; or
- A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.
A baton would definitely be considered a weapon that is capable of producing death or serious bodily injury, so the officer would be facing the felony Menacing charge.
Sentence for Felony Menacing in Highlands Ranch and Parker
As a class 5 felony in Castle Rock, Highlands Ranch and Parker, Menacing is punishable by 1 to 3 years in the Colorado Department of Corrections. For the officer, a felony criminal conviction will prevent him from being able to possess a gun, which is a vital part of his job. Likely, the allegation would be enough to prevent him from working at that police department again, if not end his police career altogether.