Domestic violence menacing in Denver involves making criminal threats against a current or former intimate partner. Threats or actions meant to cause fear of injury in another are considered acts of menacing throughout Colorado. If done with a deadly weapon, the charge amplifies significantly. A heated argument with your spouse or disagreement with your ex can result in criminal charges if you're not careful what you say and do. Consult an experienced Denver DV attorney right away if you're being accused of an offense with a domestic violence enhancement.
Denver DV Menacing Law
Denver's domestic violence menacing law prohibits making violent threats towards specific people in your life. CRS 18-3-206 describes acts of menacing in Denver, Cherry Creek, and Montbello. You commit DV menacing if you:
- knowingly place or attempt to place,
- a current or former intimate partner,
- in fear of serious bodily injury,
- by any threat or physical action
This applies to violent threats made towards your spouse, ex, someone you're dating or previously dated, or a co-parent. If the threats were meant to coerce, punish, or control the other person in some way, a DV enhancement can apply.
What are the Penalties for Domestic Violence Menacing in Denver?
While every DV menacing case is different, Colorado is a mandatory arrest state. When law enforcement has probable cause for DV menacing, they are required to make an arrest even if the alleged victim doesn't want that to happen. Additionally, a mandatory protection order goes into place restricting contact with the alleged victim and alcohol consumption. If convicted of misdemeanor menacing, a defendant also faces:
- up to 180 days in county jail,
- a maximum fine of $750
With the DV enhancement, a defendant may also be required to complete a domestic violence treatment program and could have the restraining order extended. In cases that involve the mention or use of a deadly weapon, felony menacing applies. In addition to the DV consequences, a prison sentence of up to 3 years and much higher fines can apply.
Denver's Top Domestic Violence Attorneys
Our experienced criminal defense attorneys understand the complicated nature of many relationships. Sometimes things said during a confrontation or argument are blown out of context or embellished. Maybe your statements weren't threats, you didn't have a weapon, or you didn't think your comments would scare the other person. Nevertheless, exercise your right to remain silent and contact our office for a free, confidential consultation. We will carefully analyze your DV case and recommend next steps. Our affordable fees and flexible payment plans make skilled representation a reality in these uncertain times.
Don't talk to the police about domestic violence menacing - talk to us. O'Malley and Sawyer, LLC 303-830-0880.
Photo by freestocks