Colorado Springs Menacing Defense Attorney
The prospect of facing menacing charges can naturally cause fear and uncertainty, but it’s important not to give up hope. You have the right to a strong defense, and that’s where a Colorado Springs menacing defense attorney comes in. The specific circumstances surrounding your case could mean facing anything from misdemeanor to felony charges, each carrying serious consequences. If you need help with a menacing charge, contact us today to schedule a free consultation.
Why Hire Anaya & Chadderdon When Facing Menacing Charges?
Facing menacing charges can leave you feeling isolated and overwhelmed, emphasizing the necessity of selecting a qualified Colorado Springs defense attorney. Here’s why you should work with Anaya & Chadderdon:
- We have more than 3 decades of experience, bringing along a trail of significant legal victories that show our capability to tackle challenging cases successfully.
- We pride ourselves on keeping each case under the direct oversight of a firm partner, guaranteeing that your defense isn’t handed off to less experienced hands.
- Our firm is backed by a team of paralegals, investigators, and experts who help ensure every aspect of your case is analyzed and handled with efficiency.
If you are facing menacing charges, our committed and experienced defense team is equipped to provide the strategic support and resources needed to give you the best chance of a positive outcome.
How an Attorney Can Help You With a Menacing Charge
An attorney can be an indispensable ally when you are faced with a menacing charge, offering a wealth of legal knowledge and support to help you navigate through the complex criminal justice system. Here’s how an attorney can assist:
Understanding the Charges: An attorney works to carefully explain what a menacing charge entails, from breaking down legal terms to outlining potential criminal consequences. They can also explain how this accusation could impact different areas of your life.
Developing a Defense Strategy: Another key role of your attorney is to develop a comprehensive defense strategy tailored specifically for the particulars of your menacing charge. They take into account every detail – witnesses, available evidence, and anything else relevant – that could influence the outcome, and develop a legal strategy that gives you the best chance at fighting back.
Negotiating Plea Bargains: In some cases, the best course of action might be to negotiate a plea bargain. The goal here is to get the charges reduced or to secure a more lenient sentence in exchange for a guilty plea. Your attorney can have this discussion with the prosecutor and counsel you on the best course of action.
Representation in Court: An attorney will represent you during court proceedings, ensuring that your case is presented effectively and professionally. This includes making opening and closing statements, questioning witnesses, and objecting to improper evidence or procedures, thereby safeguarding your interests throughout the trial.
Enlisting the support of an experienced defense attorney when facing menacing charges gives you the best chance at a positive result.
What Exactly is Menacing Under Colorado Law?
In Colorado, menacing is a criminal offense outlined under Colorado Revised Statute § 18-3-206. Menacing entails using threats or actions to cause another person to fear serious bodily injury or death. Knowing that you are likely to cause fear is an essential element of the crime.
“A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:
- 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
- By the person representing verbally or otherwise that he or she is armed with a deadly weapon.”
This crime does not involve actually harming anyone or physically contacting them.
What is Serious Bodily Injury?
Under CRS 18-1-901(3)(p), “serious bodily injury” is defined as a type of bodily injury that involves significant risks or consequences, either at the time of the injury or later. The criteria for an injury to be considered “serious” include:
- Substantial Risk of Death
- Substantial Risk of Serious Permanent Disfigurement
- Substantial Risk of Protracted Loss or Impairment
- Breaks or Fractures
- Burns of the Second or Third Degree
This legal definition highlights the severity and potential long-term impact of such injuries, distinguishing them from less serious or minor injuries.
Penalties For Menacing
Under Colorado law, how menacing is charged depends on the circumstances of the alleged offense. If no deadly weapon is involved in the commission of menacing, it’s classified as a class 1 misdemeanor, which results in potential penalties of up to 364 days in jail and/or a fine up to $1,000.
However, if a deadly weapon – or an item fashioned or used in such a way that it could be perceived as one – is involved, then the charges are elevated to a class 5 felony. This carries more severe consequences including 1 to 3 years in prison and/or fines ranging from $1,000 to $100,000.
Legal Defenses to Menacing
In cases involving menacing charges, several legal defenses can be employed to counter the allegations. Some of the most common ones include the following:
Statements Not Intended as Threats
One defense against menacing charges is to argue that your statements were not intended to be threats and did not cause fear in others. If your words were intended as a joke or merely a harmless expression, and you had no intention to intimidate or cause alarm, this defense could help your case.
This defense hinges on proving that the perceived threat was not meant to intimidate or cause alarm and reasonably did not think that what you said would scare anyone.
Lack of Deadly Weapon
Providing evidence that you did not possess a deadly weapon during the incident is significant in cases where the menacing charge has been elevated to a felony. While this isn’t a complete defense to menacing charges, it can reduce the severity of the charge, which could be very important when it comes to sentencing and your criminal record.
Self-Defense
Self-defense is another possible defense to menacing charges. If you acted in response to the aggressor’s threats or violence, you can assert that your actions were justified. This defense requires showing that your response was proportional and reasonable given the perceived threat. For example, if someone walked up to you trying to start a fight and you raise your fist in return and tell them you’re going to hit them, this would likely be justified.
This is not an exhaustive list of defenses but is a good overview of how you can fight back when facing these charges.
Contact Anaya & Chadderdon To Schedule a Free Consultation
If you’re facing menacing charges, working with a criminal defense attorney is absolutely essential. Even though you haven’t physically harmed someone, you could end up spending significant time behind bars. Don’t delay – reach out to Anaya & Chadderdon today to schedule a free consultation.