Brandishing a Weapon Can Land You in Prison

Legally Reviewed by Shazam Kianpour on September 2, 2026

The impulse to display a weapon might seem justified when emotions run high. Still, the law takes a dim view of such actions, which could be misconstrued as a threat.

This can lead to charges with significant jail time and other life-altering repercussions, and the consequences do not stop at a courtroom. Below, we break down how Colorado defines this type of charge, what penalties are on the table, and what options a person facing this accusation may have.

Brandishing a Weapon Is a Crime

Colorado law considers brandishing a weapon as a form of assault. This offense carries severe penalties, including:

• Up to three years in prison
• Fines up to $100,000
• Permanent criminal record
• Loss of gun ownership rights
• Difficulty finding employment or housing

The law takes this offense seriously because it creates a threat of imminent harm. It does not matter if the person intended to use the weapon or not. The act alone can instill fear and incite violence. In the eyes of the law, brandishing a weapon escalates a situation, creating a perceived danger for everyone involved.

A person’s criminal history, the type of weapon involved, and the circumstances of the incident typically determine the specific consequences in a given case. For example, brandishing a firearm near a school or government building can result in enhanced penalties.

What Colorado’s Menacing Statute Actually Says

Colorado does not use the word “brandishing” in its criminal code. What most people describe as brandishing a weapon is charged under the state’s menacing statute, C.R.S. 18-3-206. A person commits menacing when they knowingly place, or attempt to place, another person in fear of imminent serious bodily injury through a threat or a physical action.

No physical contact needs to occur for a menacing charge to be filed. Simply reaching for a weapon, placing a hand on it, or gesturing with it in a way that another person could reasonably interpret as threatening may be enough to support a charge, depending on the facts of the case.

Misdemeanor Menacing

When no weapon is used, menacing is generally charged as a class 1 misdemeanor. A conviction on this level can carry up to 364 days in jail and a fine, along with a lasting mark on a person’s criminal record.

Felony Menacing

Menacing becomes a class 5 felony when it involves the use, or the simulated use, of a firearm, knife, or bludgeon. A class 5 felony conviction in Colorado can carry one to three years in the Department of Corrections, fines that can reach $100,000, and a mandatory period of parole. This is why an incident that may have started as a heated argument can end with felony-level exposure once a weapon becomes part of the picture.

Objects Beyond Firearms That Can Lead to Charges

Brandishing does not only apply to guns. The law views any object used in a manner that could cause serious injury as a weapon for purposes of a menacing charge. This can include knives, bats, or even everyday items such as tools or kitchen utensils when they are used or displayed in a threatening manner.

This broad definition means that a dispute involving a common household object can, in the right circumstances, result in the same category of charge as one involving a firearm.

How These Cases Often Arise

Menacing charges frequently stem from road rage incidents, arguments between neighbors, workplace conflicts, or disputes between family members. Some of these situations overlap with allegations of domestic violence, which in Colorado can trigger a mandatory arrest even when the person who called for help did not want anyone taken into custody. Understanding how these charges connect to one another matters because prosecutors sometimes file multiple charges arising from the same incident.

Possible Defenses to a Menacing or Brandishing Charge

Every case depends on its own facts, but there are recurring defense strategies that may apply, including:

• Self-defense: Colorado law may allow a person to display a weapon to deter an attacker under certain circumstances.
• Lack of intent: The prosecution must show the person knowingly placed another in fear, so evidence about the person’s actual intent can matter.
• Mistaken identity or unreliable witness accounts: Menacing allegations often rest on eyewitness testimony, which can be inconsistent.
• Constitutional issues: How evidence was gathered, including any statements taken by police, may be challenged.

An attorney who reviews the police report, any available video, and witness statements early in the case is often in the best position to identify which of these approaches may apply.

Facing Assault Charges Alone Is Never the Answer

If you are contending with assault charges related to brandishing a weapon, reach out to a Colorado criminal defense attorney as soon as possible. A menacing or felony menacing charge can affect your right to own a firearm, your employment, and your freedom, so the earlier your defense begins, the more options tend to be available.

Our attorneys have handled thousands of criminal cases throughout the Denver metro area and can review the specific facts of your case to help you understand what you may be facing. Reach out through our online contact form to schedule a consultation.

Frequently Asked Questions About Brandishing a Weapon in Colorado

Written by

Shazam Kianpour

Denver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.