Title: Menacing in Colorado
Headings: Menacing in Colorado
Menacing in Colorado
Content: You can also be charged with Menacing with a Deadly Weapon even if you do not have a weapon! Simply telling someone that you are armed may result in a Menacing charge. Believe it or not, it is not even necessary for the person to be aware of the threat! You can be found guilty of menacing a sleeping person. The District Attorney would have to prove that you knew that your actions, if discovered (if the person woke up), would place the person in fear. Intoxication is not a defense to the criminal charge of Menacing in the State of Colorado. Your Colorado defense attorney will not be allowed to tell the jury that you were too drunk to know what you were doing. Your attorney will have to find other ways to convince the jury that you did not have the required mental state for the offense. The difference between misdemeanor and felony menacing comes down to whether a weapon was involved. It is a misdemeanor if there is no weapon, and a felony if there is one.