Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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Generally, menacing is the crime of using threats or actions to put someone else in fear of imminent danger, injury, or death.
Some states call the offense menacing, while others call it
Some common defenses to the charge are that
Menacing is generally the crime of using threats or conduct to put someone else in fear of imminent danger. Different states use slightly different definitions of the offense, though.
Some require that you act with intent, while others only require you to act knowingly. Some increase the penalties if a weapon was used.
Menacing in Colorado prohibits using threats or actions knowingly to put, or attempt to put, someone else in fear of imminent serious bodily injury or death.1
The offense is usually a class 1 misdemeanor. However, it becomes a class 5 felony if you use a deadly weapon or threaten to use one.2
In Oregon, menacing is the crime of intentionally attempting, by words or conduct, to put another person in fear of imminent and serious physical injury.3
Some states, like New York, have multiple degrees for menacing charges. The difference is based on the conduct and your criminal background:
These offenses range from a class B misdemeanor to a class E felony.
There are several potential defenses to a charge for menacing. Some of the most common are:
Many defenses have to do with the adequacy of the allegedly threatening statement or conduct. To rise to the level of a crime, the threats have to be specific. If the threat is vague or uncertain, it is generally insufficient.
The threats also have to warn of harm that is imminent. A threat of harm to happen at some time in the future, or that is conditional on something else happening, is rarely enough.
If the alleged victim of the threats was showing aggression towards you, you may be able to claim that your threat was an act of self-defense.
You can also argue that you did not know your conduct was threatening. This is an especially strong defense in states that require intentional conduct for menacing charges.
Some of these defenses focus on the alleged victim. The victim must have been scared, which must have been reasonable. If a normal person would have been afraid, but the alleged victim was not, it is not menacing.
Conversely, if the alleged victim was scared, but a normal person in their shoes would not have found the threats to be frightening, it is not menacing.
Another defense against a menacing charge that focuses on the victim is that they are making false allegations. Menacing charges frequently stem from domestic violence situations. If you can show that the alleged victim is making the accusation, knowing that it is groundless, it can be an effective defense.
Generally, states penalize menacing convictions as high-level misdemeanors or as low-level felonies. Misdemeanors can carry up to 1 year in jail. Low-level felonies carry a few years in prison.
If no weapon is used in the offense, menacing is a misdemeanor. Convictions carry up to:
If a weapon is displayed, or if something is used that the victim would reasonably believe to be a weapon, it is a felony. Convictions carry:
Menacing is a class A misdemeanor. These offenses carry up to:
In California, the crime is called making criminal threats. The offense is codified in California Penal Code 422 PC. It used to be making terrorist threats. The offense prohibits
The elements of the crime are:
Prosecutors have the burden of proving each element of the offense beyond a reasonable doubt.
Importantly, in California, you cannot defend yourself with the fact that you did not have the ability to carry out the threat.12 However, unlike in many other states, California’s law does not cover mere gestures or physical actions. A verbal or written statement is required under California’s criminal law.13
Just like in other states, a conviction for making criminal threats in California can be charged as a misdemeanor or as a felony. In California, these are known as wobblers. Law enforcement will choose how to file the criminal charges based on the:
Misdemeanor menacing convictions carry:
Felony convictions carry:
Additionally, felony convictions for making criminal threats count as a strike under California’s three strikes law.16 This will require you to serve at least 85 percent of the sentence behind bars before becoming eligible for release on parole. It will also lengthen the sentence for any subsequent felony conviction.
Brandishing a deadly or a dangerous weapon in order to make the threat will add an additional and consecutive 1 year prison sentence.17
You can also face multiple counts of making criminal threats. This can happen if the threats were made:
In addition to fines, probation, and jail time, you may also be subject to
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.