While our speech is protected under the Constitution, Colorado law has deemed certain speech to be illegal – any threats of bodily injury or death can be charged as Menacing. A student is facing charges for making death threats against one of her former teachers. According to the report, the student had posted on social media that she was going to kill her former teacher. She then directly messaged the teacher stating that she was going to get a knife and find the teacher at her home or school and stab her. The teacher reported the threats and the girl was arrested. If this had occurred in Denver, Brighton, or Golden, the student would most likely be charged with felony Menacing.
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Douglas County Felony Menacing Lawyer: What is the Definition of Menacing in Arapahoe County?
The Arapahoe and Douglas County, Colorado law definition of Menacing – C.R.S. 18-3-206 – is:
“A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:
(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.”
You will notice an important term here: ‘imminent.' This term usually means something is about to happen. We have seen cases where someone not in the immediate vicinity threatens another and gets charged with Menacing in Aurora or Castle Rock. Here, we would argue that the person receiving the threats was not in imminent danger when she received the threat. The DA would argue that this knife is a deadly weapon.
Sentence for Menacing in Jefferson and Adams County
In the case above, the student said she would get a knife, not that she currently had one ready to use, so she should be facing the class 3 misdemeanor Menacing charge, which is punishable by up to 6 months in the Jefferson County Jail. However, in Adams County simply mentioning a deadly weapon, like a knife, could get the DA to overcharge and push for the felony Menacing charges.
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If you or a loved one has been charged with Menacing, be smart, exercise your right to remain silent, and contact the best Menacing criminal defense attorneys from the O'Malley Law Office at 303-830-0880 today. Together, we can protect your future. Request a Free Consultation
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