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Menacing and Resisting Arrest Denver Attorney | Woman Points Toy Gun at Police Car

Posted by Kyle B. Sawyer | Jun 29, 2016 | 0 Comments

According to the news, a woman was carrying a toy gun outside of a courthouse and pointing it at a police car. Police later pointed a taser at her, but she ignored the officer's commands to get to the ground. In Denver, Mesa County and everywhere else in Colorado, the woman could be charged with Menacing and Resisting Arrest.

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Menacing Definition in Arapahoe County, Colorado

In Arapahoe County, Douglas County and everywhere else in Colorado, Menacing, C.R.S. 18-3-206, is defined as:

“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.”

If police believed the woman's toy gun was an actual gun (a deadly weapon), Arapahoe County prosecutors might argue that she put them in fear of serious bodily injury. The woman could face charges of class 5 felony Menacing for her actions. It seems extreme that someone could face a felony charge for making someone only believe they are in danger. In fact, in another one of our blogs, a man was charged with felony Menacing for pointing a banana at a police officer as a prank, and police weren't sure if it was a weapon or not. You should always involve an experienced lawyer in your case if facing any charges or accusations of Menacing.

Resisting Arrest Definition in Adams County, Colorado

In Thornton, Commerce City, Adams County and everywhere else in Colorado, the definition of Resisting Arrest, C.R.S. 18-8-103, is:

“A person commits resisting arrest if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, by: (a) Using or threatening to use physical force or violence against the peace officer or another; or (b) Using any other means which creates a substantial risk of causing bodily injury to the peace officer or another.”

By ignoring the officer's commands to make an arrest, the woman could face charges of class 2 misdemeanor Resisting Arrest. In many cases in Colorado, it doesn't take much for men and women to be charged with this misdemeanor offense. Sometimes, men and women are responding to the aggressiveness of police when they are making an arrest. And, they fight back to defend themselves. Fighting back can sometimes also lead to Second Degree Assault on a Peace Officer (C.R.S. 18-3-203) charges.

Charged with Resisting Arrest or Menacing in Colorado? Contact Us

If you are charged with Resisting Arrest or Menacing in Denver, Cherry Creek, Greenwood Village or anywhere else in Colorado, call our attorneys immediately. Your life can change dramatically upon a conviction of either offense. Your job, reputation and relationships are at stake. Don't wait if facing any accusations or charges of either offense. Call our attorneys today to set up a free initial consultation and protect your future and rights.

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If you are accused of Menacing or Resisting Arrest in Colorado, be smart and exercise your right to remain silent. Then, call the best criminal defense lawyers at 303-830-0880 for a free consultation. Together, we can protect your future.Request a Free Consultation

Image Credit: Pixabay – PublicDomainPictures

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.

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Get Help Now

If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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