Colorado Springs Menacing Defense Attorney
Take CO Menacing Charges Seriously with a Strong Defense
Sometimes, emotions get the best of even the most level-headed people. When you are experiencing anger or rage, you may make statements you would not normally make – and even make a threat without really thinking it through. When something like this happens here in Colorado Springs, it is possible that it could lead to a criminal charge for menacing.
Consequences for this type of crime vary depending on the specifics of the situation, but you absolutely need to take them seriously. Even minor instances of menacing can result in charges with the possibility of fines and jail time.
The good news? You do not have to face menacing charges alone. The Law Offices of Andrew Bryant are here to help you understand menacing charges and mount the best defense against them, ensuring your rights are upheld and that you get the best chance at the most positive outcome.
Step one in beating your menacing charge is to understand exactly what you are being accused of doing.
Menacing in Colorado Springs: What Is It?
When a person is accused of menacing in Colorado Springs, it means they have threatened, inflicted pain or destruction, or expressed an intention to harm another person. Basically, when one person knowingly threatens another person and puts them in fear of physical action or bodily injury, menacing can be charged.
Often, menacing is confused with assault, but there are differences between the two. Specifically, while assault often involves a person actively harming someone else, menacing is simply the attempt to put a person in fear of injury or the attempt to harm them.
Menacing as a crime can be elevated under the law to more serious charges in certain situations. If the actions were taken by someone who meets the bar of menacing under the law but they take either of these other actions, then the charges will be increased:
- The defendant either represents or states they are armed with a deadly weapon
- The defendant uses a deadly weapon or another item that has been fashioned as one
How Does Colorado Define Serious Bodily Injury?
One of the elements of menacing as a crime is the idea of serious bodily injury. But what does that mean?
Under Colorado law, it means a bodily injury that either at the time of injury or later involves at least one of the following:
- Risk of severe permanent disfigurement
- Risk of impairment or protracted loss of an organ or body part
- Broken bones
- Risk of death
- Burns that are considered to be second or third-degree
What Does Colorado Consider a Deadly Weapon?
As mentioned above, another element that can elevate menacing charges for enhanced sentencing is a deadly weapon. Because of this, it is vital to understand what Colorado considers a deadly weapon to be.
Under the laws of our state, deadly weapons can include items such as:
- Metal tools
- Baseball bats
- Blow torches
- Hidden objects that can be represented as deadly weapons
- Fists in some circumstances
What Are the Penalties for Menacing in Colorado Springs?
Menacing can be charged as a misdemeanor or as a felony. Which charge you face depends on the circumstances surrounding your particular case.
If no deadly weapon was represented or used, then you will likely face misdemeanor menacing. That can result in a jail sentence of up to six months and fines of as much as $750.
However, cases, where deadly weapons are represented or used, can result in a Class 5 felony in our state. That can have you facing a prison sentence of up to three years and fines of as much as $100,000.
The Connection Between Colorado Menacing and Domestic Violence
Menacing and domestic violence are often linked together in Colorado law. Why is this the case?
First off, it is important to understand that Colorado does not have separate charges for “domestic violence.” Rather, if domestic violence is a factor in a case, it will be used as a sentence enhancer. That means you can face additional penalties on top of a menacing charge if the court finds that the case includes domestic violence.
So, what is domestic violence according to the law?
Our state defines domestic violence as crimes against those with whom you have or have had an intimate relationship. In most cases, an intimate partner is anyone you have been or are currently married to, anyone you share a child with or anyone you have been or are currently involved in a romantic relationship with.
Importantly, Colorado is also a mandatory arrest state. If police are called to the scene for menacing and they have probable cause to believe domestic violence is being committed, they must arrest you.
The additional penalties for domestic violence depend on the underlying charge. Often, the judge will require the defendant to be evaluated by and complete a domestic violence treatment program.
How Your Criminal History Factors into Colorado Springs Menacing Charges
Another factor to consider when facing a menacing charge is your past criminal history. The court has access to your criminal records, and if you have prior convictions for crimes including domestic violence, a crime that may just be considered a misdemeanor – such as menacing – can be elevated to a Class 5 felony. This can result in a more significant prison sentence and higher fines.
So, while menacing may not seem as if it is a crime that you should be too concerned with, there are factors that can make it far more significant in the eyes of the court. That is just another reason why bringing an experienced Colorado Springs criminal attorney onto your case as soon as possible can work to protect your rights – and your future.
Fight Your CO Menacing Charges By Contacting the Law Offices of Andrew Bryant Today
Many of us have been involved in situations where we were pushed and got angry, leading us to react before we could really think through any potential consequences. Most of the time, these incidents resolve themselves without legal action – but not always.
If you are facing menacing charges in our state, it is vital to seek out counsel from a skilled and experienced attorney who understands how to fight them. The Law Offices of Andrew Bryant can work with you to build a defense that may be your key to freedom, helping you avoid serious consequences like time behind bars, steep penalties, and a permanent criminal record that can have a detrimental impact on your life for years to come.
Get in touch today and start protecting your rights and future with our help.