Facing a menacing charge in Denver or the surrounding areas? The Law Office of Richard B. Huttner provides experienced criminal defense for individuals accused of menacing under Colorado law.
Colorado specifically addresses the act of knowingly placing another person in imminent fear of serious bodily injury through threats or physical actions. Crucially, no physical contact is required for a menacing charge to be filed. These situations can arise in various contexts, including domestic disputes and road rage incidents, and sometimes involve the display of a weapon.
You have the right to defend yourself and often claims of menacing can be defended by the claim of self defense.
If you are facing charges of menacing or other violent crimes, please contact our office to speak with an attorney today.
What Is Menacing in Colorado?
Under Colorado law, menacing involves knowingly placing or attempting to place another person in fear of imminent serious bodily harm through threats or physical actions. The key element is fear—not actual injury.
Deadly weapons include baseball bats, bottles, rocks, hammers, knives, firearms, or sticks. Even a toy gun could be considered menacing with a deadly weapon. Use of a deadly weapon is considered a class five felony, and those without weapons are deemed Class 3 misdemeanors.
In many cases, the defendant is charged with threatening someone else with a gun or firearm. These can arise in circumstances such as disputes between neighbors or on the roadway. It takes just showing the weapon to the other party for them to call police to respond. Even if a firearm was present and not wielded by you, you can be charged with menacing.
Common Scenarios Where Menacing Charges Arise
- Arguments between partners or family members (often charged as domestic violence).
- Road rage encounters where a driver displays a weapon or makes threats.
- Neighborhood disputes escalating into threats of harm.
- Heated confrontations involving physical gestures or implied violence.
Potential Penalties for Menacing Charges
The severity of a menacing charge in Colorado hinges on whether a deadly weapon was involved.
Class 3 Misdemeanor Menacing: This charge applies when the alleged act occurred without the use of a deadly weapon. While not a felony, a conviction can still lead to penalties such as probation, fines, and a criminal record. The impact on your future can be significant.
Class 5 Felony Menacing (Menacing with a Deadly Weapon): Accusations involving a deadly weapon carry much more serious consequences, including the potential for a prison sentence.
It's important to note that while menacing itself is not classified as a "crime of violence" under Colorado law for certain sentencing enhancements, a conviction, especially a felony, can still have long-lasting repercussions.
Defending Against Menacing Charges in Denver
Many of these cases are based on accusations by an alleged victim. Colorado does not react lightly to such accusations and will seek witnesses to prove their case against you. This is where the experience of a skilled defense lawyer becomes critical. Richard B. Huttner understands the delicate balance required to protect your rights and challenge the prosecution's claims regarding your intent.
These charges can be defused, but a proven attorney will know the right way to approach your defense, whether it’s by having the charges lowered or completely dismissed.
Possible defenses include:
- Self-defense or defense of others.
- Lack of intent to threaten or cause fear.
- False allegations driven by emotion or revenge.
- No credible threat was made.
Criminal defense attorney Richard B. Huttner has dealt with countless menacing cases, providing the best quality defense available for clients around the Denver metro area. In many cases, he has obtained not-guilty verdicts or has worked out deals for the best possible outcomes under the circumstances of the cases.
If you or a loved one is facing a menacing charge, there is no time to waste in contacting Richard B. Huttner any time of the day for a free consultation. The prosecution already has an advantage. Let Richard even out the odds of a fair outcome.
Why Choose Richard B. Huttner?
With over 20 years of criminal defense experience, Richard B. Huttner knows how to dismantle weak prosecutions and protect your rights. He has successfully represented clients throughout Denver and the surrounding areas, securing dismissals, reduced charges, and not-guilty verdicts in complex menacing cases.
Contact Richard B. Huttner today for a free, confidential consultation.
