Colorado Menacing Lawyer

Menacing is one of the most commonly filed charges in Colorado, and one of the most frequently overcharged. All it takes is a prosecutor deciding that someone felt threatened — no physical contact, and often no weapon, is required for the base charge. But add a weapon, real or simulated, and a misdemeanor can become a felony overnight.

At Mile High Legal, our menacing defense attorneys represent clients across Denver and throughout Colorado who are facing this charge after an argument, a confrontation, or a moment that got out of hand. We know how quickly these cases are filed, and how often the full story never makes it into the police report.

What Is Menacing Under Colorado Law

Menacing, codified at C.R.S. § 18-3-206, occurs when a person knowingly places or attempts to place another person in fear of imminent serious bodily injury. The charge does not require that anyone actually be hurt — only that the alleged victim reasonably believed they were in immediate danger.

Simple Menacing vs. Felony Menacing

• Simple menacing — generally charged as a class 1 misdemeanor when no weapon is involved.
• Felony menacing — elevated to a class 5 felony when committed by the use of a deadly weapon, or by the use of what appears to be a deadly weapon, even if it is not real or not operable.

Important Point From Colorado Model Jury Instructions

Felony menacing is not a lesser-included offense of aggravated robbery, meaning a person can be separately convicted of both for the same incident rather than one simply absorbing the other. (People v. Sauser, 2020 COA 174, para 117, 490 P.3d 1018, 1039.)

Common Defenses to Menacing Charges

• Self-defense — the alleged threat was a lawful response to being threatened or attacked first.
• No reasonable fear — the alleged victim’s reaction was not objectively reasonable under the circumstances.
• Disputing the weapon element — challenging whether an object genuinely appeared to be a deadly weapon, which can reduce a felony charge to a misdemeanor.
• Mistaken identity or exaggerated reporting — common in heated domestic or neighbor disputes where accounts conflict sharply.

Why Choose Mile High Legal

Grant Grosgebauer prosecuted felony cases, including menacing charges, before moving to defense work. That means we know exactly what a prosecutor needs to prove — and where these cases typically fall apart under scrutiny.