Denver Battery Lawyer
Battery is a municipal level charge that is defined as the knowing or reckless use of force or violence upon the person of another. Every battery shall be deemed to include a violation of assault. At the state level, you could be charged for the same allegation under a theory of assault or menacing. For example, if you are arrested in Aurora, you could be facing Aurora Municipal Battery charges or you could be charged for Assault or Menacing at the state level in Arapahoe or Adams County Court.
A Denver battery lawyer will understand the intricacies of the situation you are in and will advocate for you in and out of the courtroom to have the charges dismissed or reduced. At DeChant Law, we take a comprehensive approach to helping our clients which includes both a thorough review of the allegations as well as a personalized approach to presenting mitigation.
What is Menacing in Colorado?
One commits menacing by using threats of physical actions to knowingly attempt to place another person in fear of imminent serious bodily injury. In plain English, menacing is attempting to scare someone. If you have been charged with menacing, it means that the other person was not physically injured. While menacing is a lesser offense than assault, which involves making physical contact with another person and causing bodily harm, menacing is still a serious crime and can be charged as a felony offense. Examples of menacing include:
- Throwing a rock at someone and missing
- Holding a knife up at someone
- Brandishing a gun
- Saying that you will shoot someone and holding an object that could be construed as a gun
- Throwing a punch and missing
- Attempting to kick someone and missing
- Holding a baseball bat up at someone, or swinging and missing
Felony Menacing Vs. Misdemeanor Menacing
Menacing may or may not involve a deadly weapon, such as a firearm, knife, or bludgeon. Felony menacing (using a deadly weapon or displaying an item that could be construed as a deadly weapon, along with verbally saying that it is), is a Class 5 felony, punishable by one to three years in prison and a fine of $1,000 to $100,000. If the act does not involve a deadly weapon, it is a Class 3 misdemeanor, punishable by up to six months in jail and a fine of up to $750.
Accompanying Charges
Menacing is frequently charged alongside assault and domestic violence. As such, defendants are often faced with multiple misdemeanor and assault charges, just from one incident. For example, you could be charged with menacing and second degree assault by first holding a fist at someone as if to punch them (menacing), and then throwing a punch and connecting (assault).
Call a Denver Battery Lawyer Today for Help
Menacing is a serious felony that can lead to years behind bars if you are convicted. We strongly urge you to talk to an experienced Denver menacing and battery lawyer before discussing your case with the authorities, as anything (and likely everything) you say will be used against you, even if you are merely trying to cooperate and tell your side of the story. Call Denver battery lawyer Reid DeChant at DeChant Law today at 303-409-7500 for a free consultation.
