Each state’s laws are slightly different, with varying definitions meaning the same thing. For example, menacing is a term used in Colorado for those who attempt to strike the fear of imminent serious bodily injury, which many states refer to as battery. It may start as a conversation that turns heated. It need not involve a deadly weapon or something represented as a deadly weapon. Even if the target does not feel threatened, the threat is enough to be charged.
State changes the penalties
The circumstances of charges will vary, but it is generally one of two charges. However, it should be noted that legislators voted to amend the definitions and change the penalties on March 1, 2022:
Class 3 to Class 1 misdemeanor: This does not involve a weapon or representation of one. It currently involves a fine ranging from $50 to $750 and can include up to six months in jail. It becomes a Class 1 misdemeanor with fines ranging from $500 to $5,000. It may also include six months to two years in jail.
Class 5 felony: This classification remains the same. It involves a deadly weapon (now defined as a firearm, knife, bludgeon, simulated firearm, knife, or bludgeon). They may also possibly be charged if they say they have one or brandishes a representation of one. It involves fines ranging from $1,000 to $100,000 and may involve one to three years in jail.
Fighting these charges
Menacing charges involve intent. Legally speaking, the intent is more than trying to cause harm to someone on purpose. It means taking action on purpose and making physical contact. It could involve attempting to grab someone, but the scuffle leads to more severe harm.
Attorneys can fight these charges by different lines of reason. This includes:
- The was no intent to harm.
- The accusation is false.
- There was no weapon.
A strong defense is crucial
An attorney can protect the rights and best interests of those accused of menacing. It may involve the above defenses or ones explicitly created to address the charges’ circumstances.