What is the punishment for menacing in Colorado?

Answer 1

Im not a lawyer, but I have plead guilty to felony menacing in Boulder County, Colorado, and am currently awaiting sentencing. I have done some very extensive research, and have found the following. Menacing with a Deadly Weapon is a class 5 Felony in the state of Colorado. It carries a prison sentence of 1-3 years (and 1/2-6 years for special circumstances), but you will know that if you plea to it the Judge has to tell you! Anyway, the 1 year in prison minimum sentence is not forced upon everyone brought to justice for this crime. Menacing is a what-we-call "probationable" offense, and since the the Department of Corrections is so far in debt (10.2 billion USD) it is very likely you will get sentenced to probation. You would be put on Felony supervised probation, maybe ISP depending on the circumstances of the offense and your prior criminal history. This would involve a very intimate relationship with your Probation Officer, and random Urinary Analysis and Breathylizers. I bet you if they figure out a way to test you for sex they would ban that too (just kidding)! But be ready for a life of sobriety and working hard. Usually you need to maintain a job, and the probation is very expensive (anything is better than Jail though!). If you are put on probation, and you "violate" that one to three thing comes back to haunt you. You will have a new court date for your violation, and the judge will decide what to do with you. Long story short if you don't get your act together you are going to go to jail for it.

There is never a garuntee to probation unless you have discussed this with the District Attorney of the county you are being prosecuted in as part of your plea deal. Whether or not you will go to prison for menacing will be decided at sentencing when the probation department submits their Presentence Investigation (PSI) to the Judge.

So if you are being charged with Menacing, my advice to you is this:1 find out all the evidence against you (this is known as the Discovery), and determine yourself if they could prove in court that you did put another person in fear of their life by threatening with a weapon, beyond a reasonable doubt. 2. Talk to the Public Defender appointed to your case and see what he thinks of maybe working out a deal or at least trying to get your bail lowered. 3. If it ends up going to trial hire a private attorney to file motions to supress evidence and take you the rest of the way through this. 4. Be on your absolute best behavior show up to all court dates and probation appointments on time dressed appropriatly. 5. Write a letter to the judge explaining why you menaced this person and take full responsibility for your actions and read this to her at your sentencing date.

Oh and don't forget the very obvious. NEVER SAY A WORD ABOUT YOUR CASE TO ANYONE WHOM IS NOT YOUR LAWYER.