Colorado Springs DUI Criminal Defense

Menacing Crimes

Colorado Spings Menacing Lawyer Mike MoranIn Colorado, menacing can be prosecuted as a misdemeanor or as a felony.  The difference between a misdemeanor and felony menacing charge is distinguished by the alleged use of a weapon.  A court could consider a weapon as the use of your fist, a toy gun, a real gun, or anything reasonably fashioned as a weapon.

In most cases, a criminal defense attorney will not only be retained for this criminal trial, but also for any subsequent criminal proceedings that may arise as well. For instance, it is very possible that if a police officer arrests you for trespassing, you will probably be taken to jail. If no other deadly weapon is involved, then simple menacing is probably a class three Colorado misdemeanor. Possible penalties could include:

If no other deadly weapon is present, then: a fine of up to $50, and/or up to six months in jail. But if you use a knife or any article made or intended to be used as a weapon during the commission of a felony, you are committing a felony in Colorado. Therefore, threatening or intimidating a public defender during the criminal trial is also considered a felony, and is punishable by up to ten years in prison. Additionally, a Colorado prosecutor can threaten the use of jail as a penalty for a defendant who refuses to comply with his or her demands. Many people who are facing criminal charges such as these have no idea what their exact charges will be, how long they will be held in jail, or what they might be called upon to do (like pay bail).

Hopefully, you are never put into a situation where you have to worry about a Colorado prosecutor charging you with a felony for carrying a concealed weapon, even if it is legally allowed. Otherwise, you could end up spending a lot of time in jail. However, sometimes these types of charges do occur. And in such cases, a Denver criminal defense attorney can help you prepare the best defense possible.

In Colorado, it is usually easy for someone to bring a deadly weapon into the state or country, without having to worry about jail time. However, that is not always the case. Some states have “open carry” laws, meaning that a person can carry a concealed weapon anywhere that he or she may feel threatened. However, if carrying a concealed weapon becomes necessary because your Colorado menacing charges come from a neighborhood where guns are banned, you might want to contact an experienced defense attorney who can help you get through the criminal threats.

Often, people who are accused of intimidating someone in a Colorado criminal court do not understand the severity of the charges they face. Unfortunately, this can result in serious mistakes, which can negatively impact their entire life. In some situations, a person who faces felony or misdemeanor charges for misdemeanor criminal threats will have their license revoked, their right to vote canceled, have their children taken away from them, and have their civil rights violated. Even a misdemeanor criminal threats conviction can turn a life upside down. It may seem like a minor offense when compared with other more severe felony or misdemeanor charges, but felony and misdemeanor criminal threats can have a profound effect on a person’s freedom and well-being.

The charges of “domestic violence” and “harassment” will almost always include some type of felony accusation. Additionally, Colorado has a “harassment” law, which also involves a misdemeanor complaint. Therefore, if you have been accused of a crime, even if it is not a felony, you should consult with an experienced Denver criminal defense attorney to learn what your options are. It may be that your Colorado menacing charges are trumped by the fact that a Colorado “harassment” charge is present, which will make your freedom even further limited.

The prosecutor must prove to the Court that you knew your actions were likely to cause fear. There are numerous defenses to this charge.  Some of the defenses include self-defense, defense of property, defense of another person.

The potential penalties for menacing include a deferred sentence, probation, or, if convicted for a felony menacing charge, prison.  If the case involves a domestic violence tag, there could be further penalties imposed because the alleged victim may be a spouse, former spouse, or a person from a prior relationship.

It is important not to speak to a police officer about an alleged allegation of menacing Be polite to the police officer and ask for a lawyer to be present before you make any statements.  Any statement made to the police by you will hinder your ability to protect your constitutional rights.

Please call the office of Michael W. Moran, P.C. at 719-447-1923 for your free consultation.

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