Arrested or Charged with Menacing (C.R.S. § 18-3-206) in Colorado?

One moment of anger. A heated argument that escalates. A misinterpreted gesture or statement. Any of these situations can lead to menacing charges in Colorado—charges that can result in a misdemeanor or felony conviction with serious consequences for your future.

If you’re facing menacing charges in Boulder or elsewhere in Colorado, understanding the law, potential penalties, and defense options is crucial. This guide breaks down what you need to know about menacing charges under Colorado law.

What is Menacing Under Colorado Law?

According to Colorado Revised Statute § 18-3-206, menacing occurs when a person “by any threat or physical action, knowingly places or attempts to place another person in fear of imminent serious bodily injury.”

Let’s break down this legal definition:

Key Elements of Menacing

1. Threat or Physical Action: Menacing can involve verbal threats, threatening gestures, or physical actions.
2. Knowingly: You must act with awareness that your conduct is practically certain to cause fear in the other person.
3. Fear of Imminent Serious Bodily Injury: The threat must cause the victim to fear serious bodily injury that could happen immediately or very soon.
4. Attempt: Even if the victim doesn’t actually experience fear, you can be charged if you attempted to place them in fear.

Misdemeanor vs. Felony Menacing

Menacing charges in Colorado come in two levels of severity:

• Class 1 Misdemeanor: Standard menacing without the use of a weapon.
• Class 5 Felony: Menacing committed with the use of a deadly weapon or what appears to be a deadly weapon, specifically:
  • A firearm (real or simulated)
  • A knife (real or simulated)
  • A bludgeon (real or simulated)
  • Any other deadly weapon

The distinction between misdemeanor and felony menacing often hinges on whether the prosecution can prove you used or appeared to use a weapon during the incident.

Common Scenarios Leading to Menacing Charges

Menacing charges can arise from many everyday situations:

Road Rage Incidents

Confrontations between drivers can quickly escalate. Gesturing angrily, getting out of your vehicle to confront another driver, or making threatening statements can all lead to menacing charges.

Domestic Disputes

Arguments between family members or romantic partners that involve threatening behavior often result in menacing charges, usually with domestic violence enhancers.

Workplace Conflicts

Heated disagreements in the workplace that involve threatening language or behavior can lead to criminal charges, even if there was no intent to actually harm anyone.

Neighborhood Disputes

Conflicts with neighbors over property lines, noise, pets, or other issues sometimes escalate to the point where one party feels threatened and files a police report.

Bar or Social Setting Altercations

Arguments in social settings, especially where alcohol is involved, can lead to menacing charges if threatening behavior occurs, even if no physical fight takes place.

Penalties for Menacing in Colorado

The consequences of a menacing conviction depend on whether you’re charged with misdemeanor or felony menacing.

Misdemeanor Menacing Penalties

As a Class 1 misdemeanor, menacing without a weapon can result in:

• Up to 364 days in county jail
• Fines up to $1,000
• Up to 2 years of probation
• Possible protection orders
• Potential domestic violence treatment if designated as a domestic violence offense
• Restitution to victims

Felony Menacing Penalties

As a Class 5 felony, menacing with a weapon can result in:

• 1 to 3 years in state prison (with potential for up to 6 years with aggravating factors)
• Mandatory parole period of 2 years
• Fines of $1,000 to $100,000
• Possible prohibition on owning firearms
• Potential domestic violence treatment if designated as a domestic violence offense
• Longer protection orders
• Restitution to victims

Additional Consequences

Beyond the direct legal penalties, a menacing conviction can:

• Create barriers to employment, especially in fields requiring background checks
• Affect professional licensing in careers like healthcare, education, or law
• Impact housing applications
• Cause immigration issues for non-citizens
• Result in long-term reputation damage

Domestic Violence Enhancement

If menacing occurs in the context of an intimate relationship, it will likely be charged with a domestic violence enhancer, which:

• Makes the charge subject to mandatory arrest policies
• Requires a protection order prohibiting contact with the alleged victim
• Mandates domestic violence evaluation and treatment
• Results in a domestic violence conviction on your record
• Triggers federal firearms prohibitions
• Can lead to enhanced penalties for subsequent domestic violence offenses

Weapons in Menacing Cases

The distinction between misdemeanor and felony menacing often turns on whether a weapon was involved. It’s important to understand how Colorado law treats different objects in menacing cases:

Actual Weapons

Actual firearms, knives, and bludgeons (like baseball bats or clubs) will almost always lead to felony menacing charges.

Simulated Weapons

Objects that appear to be weapons can also lead to felony charges. This includes:

• Toy or replica guns
• Fake knives
• Objects concealed in a way that makes them appear to be weapons

Everyday Objects Used as Weapons

Common items used in a threatening manner may be considered weapons, such as:

• Tools (hammers, screwdrivers, etc.)
• Sports equipment
• Household objects

Implied Weapons

Sometimes even implying you have a weapon (like keeping your hand in your pocket suggesting you have a gun) can lead to felony menacing charges.

Potential Defenses to Menacing Charges

Several legal defenses may apply to menacing charges in Colorado:

Lack of Knowledge or Intent

Menacing requires that you “knowingly” place someone in fear. If your actions were misinterpreted or you weren’t aware they would cause fear, this could be a valid defense.

Self-Defense or Defense of Others

If you reasonably believed you or others were in imminent danger and made threats to protect yourself or them, this may constitute a legal defense.

No Reasonable Fear of Imminent Injury

If the alleged victim couldn’t reasonably have feared imminent serious bodily injury based on your actions, an essential element of the crime is missing.

Lack of Evidence

The prosecution must prove every element of menacing beyond a reasonable doubt. If there’s insufficient evidence—like no witnesses, inconsistent statements, or no proof of a weapon—this can form the basis of a defense.

Constitutional Violations

If police violated your constitutional rights during the investigation or arrest, certain evidence might be excluded from trial.

The Legal Process for Menacing Charges

If you’re charged with menacing in Colorado, you’ll typically go through these stages:

1. Arrest and Bond

After arrest, you’ll appear before a judge who will set bond conditions, which often include no-contact orders with the alleged victim.

2. Advisement Hearing

At this initial appearance, the court will:

• Formally advise you of the charges
• Inform you of your constitutional rights
• Review or set bond
• Issue any necessary protection orders
• Schedule future court dates

3. Pre-Trial Proceedings

This phase includes:

• Discovery (exchange of evidence)
• Filing of motions
• Plea negotiations
• Investigation

4. Disposition

Your case may be resolved through:

• Dismissal (if evidence is insufficient or constitutional rights were violated)
• Plea agreement (often to reduced charges)
• Diversion programs (for first-time offenders in some jurisdictions)
• Trial (either jury trial or bench trial)

5. Sentencing

If convicted, the court will impose penalties based on:

• The specific charge (misdemeanor or felony)
• Your criminal history
• Victim impact
• Mitigating or aggravating circumstances

How Dawson Law Defends Menacing Cases

At Dawson Law, we approach menacing cases with a thorough strategy:

• Comprehensive case evaluation: We carefully analyze all evidence, including police reports, witness statements, and any audio or video recordings
• Independent investigation: When necessary, we conduct our own investigation to uncover evidence that may support your defense
• Strategic defense planning: We develop defense strategies tailored to the specific facts of your case
• Negotiation: For many clients, negotiating for reduced charges or favorable plea agreements is the best approach
• Trial preparation: If your case goes to trial, we build a strong defense designed to create reasonable doubt

Our criminal defense attorneys have extensive experience with menacing cases in Boulder County and throughout Colorado, and we understand how to effectively navigate the local court system.

Contact Dawson Law for Help With Menacing Charges

If you’re facing menacing charges in Boulder or elsewhere in Colorado, having experienced legal representation can make a critical difference in the outcome of your case.

At Dawson Law, we understand the stress and uncertainty that come with criminal charges. Our criminal defense attorneys will work to protect your rights and future while guiding you through every step of the legal process.

Contact our office today at [phone number] or through our online form to schedule a confidential consultation about your case.