A Northern Colorado man is facing Felony Menacing charges after taking a gun to a park and showing it to a little girl. According to the news report, the 21 year old started talking to a young girl, asking her if she wanted to be tased. The girl said she tried to walk away, but was followed and shown a gun. Apparently, the man asked if she wanted to get shot or if she wanted to die. Police were able to track the man down, and he admitted to having a BB gun and taser at the park and showing it to children. He was arrested and charged with Felony Menacing.
Larimer County Menacing Lawyer: 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.
During the interview with the young girl, she stated that the man had a gun and did not know that it was just a BB gun. This is why, in the above statute, the ‘reasonably believe the article is a deadly weapon’ language is included. It does not have to be an actual deadly weapon to get this felony charge in Larimer, Boulder, and Grand County.
What is the Sentence / Punishment for Showing a Gun in Fort Collins?
As a class 5 felony in Fort Collins, Loveland, and Estes Park, Felony Menacing is punishable by 1 to 3 years in the Colorado Department of Corrections and up to $100,000 in fines. All a person needs to claim is that they felt in fear for their life in order to get charged with Menacing. It becomes a felony if a deadly weapon (or something that resembles one) is involved.
If you or someone you love has been charged with Menacing, be smart, exercise your right to remain silent, and contact the best Fort Collins criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.