Life is full of frustrations. There are good ways to deal with frustration, and there are bad ways to deal with frustration. Unfortunately, last summer, a California woman chose the wrong response to the anger she was feeling. According to police records, the woman grew angry at her neighbor doing yard work. After a confrontation, she went inside, retrieved her gun, and pointed it at her neighbor. This incident ended with her arrest – she found herself faced with Menacing charges. It is easy to see that pulling a gun on a neighbor isn’t a good idea, but did you know you don’t even have to possess a gun in order to be charged in Larimer or Boulder County? Let’s look closer at this statute:
The Basics of Menacing Charges: The Subjectivity of Fear
Menacing – C.R.S. 18-3-206, is charged whenever a person “knowingly” places another person in fear of “imminent serious bodily injury.” Under this definition, prosecutors in Fort Collins, Loveland, and Estes Park must prove the accused person knew what they were doing, and also prove they placed or attempted to place another person in fear. Unfortunately, fear is a subjective feeling. Every person feels threatened in different ways. It will take a lot for a marine who has fought in Iraq to feel fear, while it won’t take much to scare a high school girl. If an alleged victim feels they were fearful for their life (or in fear of serious bodily injury) – someone will be arrested. Often, they are coached by the District Attorney to feel like the victim of a crime, even if they didn’t feel threatened at the time. Without someone in fear, the government will argue the conduct was an attempt to place someone in fear.
[pullquote align=”center” textalign=”center” width=”70%”]Menacing charges are common because of the growing fear of guns and weapons. [/pullquote]Growing Fear of Violence and Weapons
Another reason Menacing charges are so common is because of the growing fear of weapons and guns. You don’t have to have a weapon in order to be charged with Menacing in Johnstown, Wellington, or Windsor – if you are accused of threatening someone in a way which places them in fear of injury, you will be charged with class 3 misdemeanor Menacing. If a deadly weapon (such as a gun, knife, broken bottle, or even your fists) is used, or if the alleged victim believes you have a deadly weapon in your possession, you will be charged with class 5 felony Menacing. Even using a toy gun (such as an airsoft gun) could result in Menacing charges if the person accusing you says they felt threatened and in fear of injury. This is why we caution our readers on the unpredictable nature of this crime.
Why You Need a Criminal Lawyer for Menacing Charges
If you are facing Menacing charges in Larimer County, you need to contact an experienced criminal defense attorney. Don’t suffer from the inexperience of a lawyer who practices divorce, persona injury, and criminal defense. Avoid pleading guilty to avoid jail or prison time – if you do this, you will have a permanent criminal record. This has an extremely negative affect on your life. You could have a hard time finding a place to live or getting a job. Don’t put your life in the hands of an inexperienced public defender or try to represent yourself – contact one of our experienced criminal attorneys who will fight on your behalf in court.