When someone is facing a menacing charge in the Fort Collins area, it can feel overwhelming and frightening. At The Leier Law Office LLC, serving Fort Collins, Loveland, Greeley, Windsor and Evans, we know how much is riding on the outcome.
Anxiety, reputation risk, possible jail time or fines—all these weigh heavily. That’s why taking early action and working with a criminal defense attorney matters. If you or someone you care about is involved in a menacing case, you don’t have to handle it alone: reach out to us for help.
Below, we’ll walk through what our Colorado criminal defense attorney sees as the key factors to focus on when confronting a charge under Colorado Revised Statute § 18-3-206 (“menacing”).
We do this so you’ll have a clearer sense of what lies ahead—but this is not legal advice, and you still should consult a qualified criminal defense attorney. For clients in Fort Collins, Loveland, Greeley, Windsor and Evans, The Leier Law Office LLC stands ready to help. Reach out to us for a consultation.
What Is “Menacing” in Colorado?
The statute at C.R.S. 18-3-206 provides that a person commits menacing when, by any threat or physical action, they knowingly place or attempt to place another person in fear of imminent serious bodily injury.
The threat or action doesn’t have to result in actual injury—but the fear of immediate harm must be placed.
Menacing is typically charged as a class 1 misdemeanor—but if a firearm, knife, or bludgeon (or simulated weapon) is used or the person verbally or otherwise represents that they’re armed with a deadly weapon, the charge becomes a class 5 felony.
The term “serious bodily injury” is defined elsewhere in Colorado law and covers things like substantial risk of death, serious disfigurement, or prolonged impairment of a body part or organ.
Because the line between misdemeanor and felony can shift based on a weapon or representation of a weapon, the role of a criminal defense attorney in assessing the facts is especially important.
Why Sound Legal Defense Matters
When you’re charged with menacing in Colorado, the potential consequences extend beyond immediate punishment. A skilled criminal defense attorney helps you by:
Evaluating if the prosecution can meet each element of the charge.
Reviewing whether the alleged threat or action truly placed someone in fear of imminent serious bodily injury.
Checking if the weapon‐enhancement applies (or could be challenged).
Protecting your rights during investigation, negotiations and trial.
Because the consequences may include jail time, fines, and a mark on your record, you’ll want a criminal defense attorney who knows how to look closely at the evidence. This is especially true in Fort Collins, Loveland, Greeley, Windsor and Evans where local prosecutors and courts handle these cases with regional norms.
Key Factors Your Attorney Will Review
Here are five major considerations a criminal defense attorney will examine early in a menacing case. These guide decisions on whether to fight, seek reduction, or resolve differently.
Legal element: Was fear of imminent serious bodily injury placed?
A conviction hinges on this. The prosecution must show you knowingly placed or attempted to place another person in fear of imminent serious bodily injury.
Actual fear or reasonable fear: The victim’s subjective fear is relevant, but more important is whether your act or threat would cause a reasonable person to fear imminent serious bodily harm.
Immediacy of threat: “Imminent” is a key word — the fear must be of immediate harm, not something vague or far off.
Your awareness: It’s not necessary for you to intend actual harm; what matters is that you knowingly placed or attempted to place the person in fear.
Potential Menacing Defense Strategies
When working with an attorney, here are some defense strategies that are commonly used:
Your words or actions were not a threat: If what you said or did couldn’t reasonably be interpreted as placing someone in fear of imminent serious bodily injury, the prosecution’s case is weaker.
No deadly weapon or representation thereof: If you didn’t use, display, or represent you had a deadly weapon — and the alleged victim’s belief was unreasonable — the case might stay at misdemeanor level or be dismissed.
Self-defense or defense of others: If you reasonably believed you or someone else were in imminent danger and your response was proportional, this may justify your actions.
Lack of intent or lack of awareness: Since the statute requires that you knowingly place or attempt to place someone in fear, if you lacked the awareness that your actions would cause fear of serious bodily injury, the charge may falter.
Challenging evidence, credibility or procedure: A skilled attorney will look for weaknesses in witness testimony, gaps in evidence, or errors in how law enforcement handled the investigation.
Your attorney will help you work through each of these strategies to build a strong case.
What You Can Do to Help Your Case
Here are some helpful guidelines for what to do and not do when working with an attorney:
Be truthful and open: Give your attorney all the facts you remember—good and bad.
Preserve evidence: If there’s video, text messages, social media posts or witnesses, tell your attorney promptly.
Don’t speak to police without your attorney present: Anything you say can be used by the prosecution.
Follow court orders: If you have a no-contact order or other restrictions, abide by them.
Avoid social media commentary: Posts about the case or criticisms of the alleged victim or witnesses can complicate your defense.
Attend every court date and stay informed: Your attorney will explain what’s happening at each stage and what your options are.
By actively working with a criminal defense attorney from The Leier Law Office LLC, you can protect your rights and present the strongest defense possible given the circumstances.
The Importance of Timely Attorney Involvement
The sooner you involve a criminal defense attorney, the better the prospects. Delay can mean:
Loss or degradation of key evidence (video footage overwritten, witness memories fade).
More restrictive pretrial conditions (no-contact orders, bail conditions, travel limitations).
Higher leverage for prosecution before your attorney is involved.
More uncertainty and stress for you and your family.
At The Leier Law Office LLC, we encourage anyone facing a menacing charge in Fort Collins, Loveland, Greeley, Windsor or Evans to contact us early. An early consultation allows your criminal defense attorney to assess your case, explain your options and begin crafting a strategy to protect your interests.
Questions to Ask Your Criminal Defense Attorney
It’s important to ask questions throughout the process. Here’s what you should ask:
What is your experience handling menacing cases in Fort Collins or nearby courts?
How often do you resolve menacing cases by negotiation versus trial?
Based on the facts I’ve given, what do you view as the strongest defenses?
What are the worst-case and best-case outcomes for my situation?
How will you keep me informed about the case progress and what I need to do?
What are your fees, and how are costs, additional hearings, expert witnesses and possible appeals handled?
By staying informed and asking these questions, you can stay on top of your case and more likely achieve a better outcome.
Summary and Next Steps
Facing a menacing charge in Colorado under C.R.S. 18-3-206 is serious. Whether it’s a misdemeanor or potential felony, your future—job prospects, liberty, reputation—may be at stake. A criminal defense attorney brings value not just in court representation but in guiding strategy, protecting your rights, and striving for the best possible outcome given your situation.
If you’re in Fort Collins, Loveland, Greeley, Windsor or Evans and you’ve been charged with menacing (or believe you may soon be), the time to act is now. Reach out to The Leier Law Office LLC and schedule a consultation with a criminal defense attorney who will review your case, discuss options and help you decide what’s next. Don’t wait—reach out today.
