It’s not difficult to be accused of Menacing. All it takes is for you to get angry and make another person afraid of being injured. For example, a man was shopping late at night at a grocery store with his brother. They disagree about something, and the man got angry and began swearing and threatening the younger brother. Store security gets involved, and the man begins threatening the security officer before the police became involved. Maybe he was intoxicated at the time. He would most likely be charged with misdemeanor Menacing – C.R.S. 18-3-206. Let’s look closer at this crime and how it is charged in Fort Collins, Loveland, and Estes Park.
What is Misdemeanor Menacing?
Menacing is charged whenever a person knowingly “places or attempts to place another person in fear of imminent serious bodily injury,” by using threats of physical action. If a gun or other deadly weapon is used (or if the person gives reason to believe they possess a deadly weapon), it is a felony offense. If no weapon is present, it is charged as a misdemeanor in Larimer and Boulder County.
Alcohol is Often Involved in Menacing Charges
It’s easy to point fingers and say: “I would never lose my temper like that.” Have you ever gotten irate and angry when someone cuts you off on 1-25 on your way home from work? We all are busy and stressed – sometimes events happen and people lose their tempers. Also, alcohol is often a contributing factor. As with the man in the grocery store, people often have a bit too much to drink and something happens which throws them off their guard. Because they aren’t functioning on all levels, they respond in a way which scares the people around them. If someone calls the police, they could easily be accused of Menacing.
Accused of Menacing? Here’s the Biggest Mistake You Can Make
If you have been accused of Menacing, the biggest mistake you can make is to talk to the police. If you got involved in a heated argument and someone accuses you of threatening them and contacts the police, don’t think that “telling the truth” will help you. The police aren’t there to discover the truth – they are there to make an arrest in support of their “victim” who called the police first. If the police try to question you, simply tell them you have a lawyer and politely refuse to talk about the incident.
Why You Need an Experienced Criminal Defense Attorney
Situations where a person has been accused of Menacing are usually highly emotional. Usually insults, gestures, and taunts may have been thrown around. So, if you have been accused of Menacing, the best thing you can do is to work with an experienced criminal defense attorney. You need someone who believes your side of the story and will fight to tell it in court. Otherwise, it will be you against the DA and their “victim” in the court. You need an advocate who will expertly defend your future.
If you or a loved one has been accused of Menacing in Colorado, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at our convenient downtown Fort Collins office. Call us today at 970-658-0007. Together, we can protect your future.
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