Being accused of Menacing in Larimer County can turn your life upside down overnight. Even if no one was physically harmed, a threat, gesture, or heated argument can lead to criminal charges, and the difference between a misdemeanor and a felony charge can mean the difference between a few months in jail or years in the Colorado Department of Corrections.
At O’Malley Law Office, our Larimer County criminal defense attorneys represent clients in Fort Collins, Loveland, Estes Park, and Berthoud who are facing Menacing charges. We understand how prosecutors handle these cases and know how to build effective defenses to protect your record and your future.
Fort Collins Menacing Lawyer: What Is Menacing Under Colorado Law?
Under Colorado Revised Statute § 18-3-206, a person commits Menacing if they:
In simpler terms, Menacing means causing someone to believe they are about to be seriously harmed even if no physical injury occurs.
Police in Fort Collins often charge Menacing after heated confrontations, road rage incidents, or domestic disputes where one person claims to have been threatened or intimidated.
Misdemeanor Menacing in Larimer County
A misdemeanor Menacing charge is typically filed when the alleged threat does not involve a weapon or any suggestion of one.
Examples include:
- Yelling at someone during an argument and threatening to hurt them
- Raising a fist or making a Menacing gesture
- Verbal altercations in public or during a domestic dispute
Penalties for Misdemeanor Menacing
Misdemeanor Menacing is a Class 1 misdemeanor, punishable by:
- Up to 364 days in the Larimer County Jail,
- Up to $1,000 in fines, and/or
- Probation, community service, or anger management classes.
Even though this is the lower-level form of Menacing, it still results in a criminal record and can carry collateral consequences such as loss of firearm rights and protection orders.
Attorney for Felony Menacing Charges in Loveland
Menacing becomes a felony when a deadly weapon, or even the appearance of a weapon, is involved.
Under C.R.S. § 18-3-206(1)(a), felony Menacing occurs when someone:
- Uses, displays, or brandishes a firearm, knife, or other deadly weapon, or
- Claims or implies that they have a deadly weapon, even if they don’t.
For example:
- Pointing a gun at another person, even without firing
- Claiming to have a gun during an argument
- Swinging a knife or baseball bat in a threatening way
Penalties for Felony Menacing
Felony Menacing is a Class 5 felony, punishable by:
- 1 to 3 years in prison,
- $1,000 to $100,000 in fines, and
- 2 years of mandatory parole after release.
Because Menacing is considered a crime of violence when a weapon is involved, Larimer County prosecutors can seek sentence enhancements or mandatory prison time.
Realistic Examples of Menacing in Estes Park: Misdemeanor vs. Felony Menacing
|
Example Scenario |
Likely Charge |
| Threatening a neighbor during a verbal argument | Misdemeanor Menacing |
| Making a fist or angry gesture toward someone | Misdemeanor Menacing |
| Brandishing a knife or gun while threatening someone | Felony Menacing |
| Claiming you have a weapon (even if you don’t) | Felony Menacing |
| Displaying a weapon during a road rage incident | Felony Menacing |
How Larimer County Prosecutors Handle Menacing Charges
The Eighth Judicial District Attorney’s Office, which prosecutes crimes in Fort Collins and the rest of Larimer County, often files felony Menacing charges whenever a weapon, or even an alleged implication of a weapon, is involved.
Even something as simple as a cell phone in your pocket, mistaken for a gun, could be used to argue felony intent.
Because Menacing depends on perception, prosecutors may rely heavily on the alleged victim’s fear, not just your actions. That’s why it’s critical to have a defense attorney who can challenge inconsistent statements and question the credibility of the accusation.