Felony Menacing is charged in Fort Collins and Larimer County when a person puts another is fear for their life with the use of a deadly weapon. An Aurora police officer is currently facing this charge, along with First Degree Assault, Second Degree Assault, and First Degree Official Misconduct. According to the report, the officer can be seen trying to restrain a man who had been cooperative by hitting him many times. He then took out his gun and held it to the man’s head. Being criminal defense attorneys, we are torn on these types of stories. The fact is, our job is to defend those charged with a crime, including police officers. But, on the other hand, we have had so many clients treated poorly by law enforcement and there have historically been no repercussions. It was the ‘criminal’s’ word against the police officer – and who do you think everyone believed? Passing the law that required law enforcement officers to use body cams provides an added protection because the video doesn’t lie. In the past, the bloodied man might have made claims about what the officer did, but the officer and his partner could have countered that the man was combative and tried to assault them, so they had to do everything in their power to restrain him for their safety. Now, with body cam footage, we can see that sometimes officers let the power go to their heads and they way overdo it – to the point where criminal charges are filed.
Larimer County Menacing Lawyer: Colorado Definition of Menacing Based on Body Cam Footage
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.
I would say that putting a gun up against someone’s head would put the person in fear of imminent serious bodily injury.
Sentence for Felony Menacing in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, the class 5 felony Menacing charge is punishable by 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 Felony 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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