Legal Question in Criminal Law in Colorado

menacing

What is menacing and the penalties for thar charge


Asked on 7/12/04, 5:11 pm

2 Answers from Attorneys

William Griffin The Griffin Law Firm, P.C.

Re: menacing

Menacing can be either a felony or a misdemanor. It is, by threat or physical action, placing or attempting to place another person in fear of imminent serious bodily injury (misdemeanor) with a deadly weapon (felony). In other words, if you do it with a weapon, it is a felony, and if there is no weapon, it is a misdemeanor. Keep in mind, however, that your fist, or foot or many other things which are clearly not weapons, can be weapons for the purposes of menacing.

If it is felony menacing, you can get anything from probation up to 1-3 years in prison plus 2 years parole (that can increase in certain limited situations). If it is a misdemeanor, it is maximum 12 months county jail. There are fines that apply, but it often depends on the jurisdiction if the courts order them.

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Answered on 7/12/04, 6:27 pm
Deborah Grohs Deborah J. Grohs, P.C.

Re: menacing

Menacing can be charged as a misdemeanor or as a felony. The charge alleges that a person, either by threat or phsycial action, puts another person in fear of receiving serious boduly injury.If a weapon is involved it is a felony and the sentencing range is 1- 3 years in prison. If there is no weapon involved, it is a misdemeanor and the sentence could be up to 6 months in jail. Many times the DA's office overcharges a case and alleges that many things are weapons that you would not consider a weapon. For example, a foot or fist could be charged as a weapon.

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Answered on 7/12/04, 8:08 pm


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