Menacing is charged in Fort Collins and Larimer County when a person acts or threatens an action that puts another in fear of serious bodily injury. When a weapon is involved, then the charge is a felony. Recently, a man was arrested and charged with Felony Menacing and Criminal Trespass after getting in an altercation with an officer. According to the report, police were looking for the man in response to a Trespass call. When one of the officers was getting out of his car, the man came running toward him holding a metal pole. The officer got back into his car and the man ended up jumping onto the car and walking across it. Other officers were able to apprehend the man. So, along with the Trespassing charge that he was originally wanted for, he is now facing an additional felony charge for Menacing.
Larimer County Menacing Lawyer: Is a Metal Pole a Deadly Weapon?
The Larimer County, Colorado law definition of Menacing – C.R.S. 18-3-206 – is:
(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.
Usually when we think of a deadly weapon, we think of a gun or knife. But, of course, the law has expanded to include almost anything. According to Colorado law, ‘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.
Basically, any object that could be used to serious hurt someone is considered a deadly weapon. So, a metal pole would definitely fall into that category, which is why the man was charged with the class 5 felony Menacing.
Sentence for Menacing in Loveland and Estes Park
If a person in Fort Collins, Loveland, or Estes Park is charged with the class 3 misdemeanor Menacing, then they will face up to 6 months in the Larimer County Jail and fines of up to $750. If the person was charged with the class 5 felony Menacing, they could face 1 to 3 years in the Colorado Department of Corrections and up to $100,000 in fines.
If you or someone you love has been charged with Menacing, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future.
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