Cell phone cases come in a variety of colors, styles, and shapes. Some are meant to be fun and stylish while others are bought for their protective qualities. And then there are the ones that can get you charged with a felony. Apparently, a phone case has been designed that attaches what looks exactly like a gun handle and trigger to the side of the cell phone. It caused quite a commotion a few days ago when a man was found unconscious in his car and his cell phone in its gun look-a-like case sitting on the seat next to him. A special forces team was called in and a short standoff occurred. In the end, the man was just sleeping and he surrendered to the police without further incident. If this had happened in Fort Collins, Loveland, or Estes Park, the man could have been facing felony charges for Menacing.
Larimer County Menacing Attorney: What is the Definition of Felony Menacing?
The 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.
Even though the cell phone case is clearly not a deadly weapon, it is fashioned to resemble a gun and could cause a person to believe it is a firearm. In a world where people love the drama of calling the police, it is not hard to imagine a person in Larimer, Boulder, or Grand County reporting a person with a gun after seeing someone holding this cell phone case. It is a short step for the caller to say they were frightened and felt the person with the “gun” was acting in a threatening manner. Fort Collins Police love to strut their stuff, and would be quick to make an arrest.
Fort Collins Menacing Lawyer: What is the Sentence for Felony Menacing?
As a class 5 felony, Felony Menacing is punishable by 1 to 3 years in the Colorado Department of Corrections and up to $100,000 in fines. That’s a pretty steep price to pay just for carrying around a ‘cool’ cell phone case.