Assault and Menacing

Facing assault or menacing charges can be extremely overwhelming. Let Attorney Margaret Teigen Steele guide your next steps.

Assault and menacing charges in Colorado can carry steep penalties. Whether you were accused of causing serious bodily injury or creating fear of imminent serious bodily injury, you cannot take these criminal charges lightly. Contacting an experienced defense attorney should be your highest priority during this time.

Attorney Margaret Teigen Steele has over 25 years of experience defending clients against violent charges, including assault and menacing. Contact Steele Law Criminal Defense today to request a free legal consultation and start planning your defense.

Types of Assault and Menacing Charges in Colorado

Assault and menacing are two distinct types of criminal charges in Colorado. 

Menacing is knowingly placing or attempting to place another person in fear of imminent serious bodily harm. This may involve threats or physical actions, creating a substantial risk of injury. No actual injury to another occurs; instead, these charges are rooted in creating fear of injury.

Menacing can be charged as a misdemeanor or felony:

    • Class 1 misdemeanor menacing: Menacing without the use of a deadly weapon. This can lead to penalties such as fines, probation, and a criminal record.
    • Class 5 felony menacing: Menacing with the use of a deadly weapon can lead to more severe penalties, including prison sentences.

Meanwhile, assault charges arise after a person causes physical harm or injury to another. There are different categories of assault charges based on the use of deadly weapons and the severity of the injury.

    • First-degree assault: The most serious assault charge, which often arises when a person is accused of causing significant bodily injury with a deadly weapon. It usually involves intent or extreme recklessness. First-degree assault is a class-three felony.
    • Second-degree assault: This can be charged in a few different ways. It usually involves either intentional injury without serious harm or reckless use of a deadly weapon. Second-degree assault is a class-four felony.
    • Third-degree assault: Knowingly or recklessly causing bodily injury to another person, including minor harm. This is a class-one misdemeanor.

Penalties for Assault and Menacing

Assault and menacing charges in Colorado can lead to varying penalties upon conviction, depending on whether the offense is charged as a misdemeanor or felony and the degree of classification. For example, assault cases involving severe pain and suffering, traumatic brain injury, and ongoing medical treatment often lead to steeper penalties.

    • First-degree assault is a crime of violence and is punishable by 10 to 32 years in prison and a mandatory five-year parole period.
    • Second-degree assault is punishable by two to eight years in prison, along with steep fines.
    • Third-degree assault is punishable by six to 24 months in the county jail.
    • Misdemeanor menacing is punishable by up to 364 days in jail and fines of up to $1,000.
    • Felony menacing is punishable by one to three years in prison and fines of up to $100,000.

Working with an experienced criminal defense attorney can help you defend your charges and fight for lesser penalties. For example, with an effective defense, you may be able to de-escalate first-degree severity to a lesser degree or fight to have charges changed from felony to misdemeanor.

Potential Defenses Against Assault and Menacing Charges

Attorney Margaret Teigen Steele has extensive experience representing clients charged with assault and menacing. We will review the unique details of your charges and the circumstances of your arrest before building a defense or negotiating a plea deal.

Defenses against assault and menacing charges may include:

    • Lack of intent: Higher-level assault charges often involve a level of intent, meaning that the person knowingly caused reasonable fear or injury. You may be able to prove that your actions were unintentional and not representative of criminal negligence.
    • False allegations: The alleged victim may have fabricated the allegations of menacing, or their physical injury may have been due to another cause. Without significant evidence tying your actions to their injuries, they may not be able to prove that you committed the crime.
    • No credible threat: In cases of menacing, you may be able to assert that you did not make a credible threat against the alleged victim or that what they interpreted as a threat was not intentional.
    • Self-defense: If the alleged victim was also exhibiting violent behavior or making threats against you, you may be able to show that the assault or menacing was conducted out of self-defense.

Our law firm understands that your charges may have arisen from a range of scenarios. Perhaps you were accused because of a misunderstanding. Or maybe police responded to a scene and arrested you before uncovering what was happening. You may have never intended harm or intentionally acted in a menacing manner, but your actions may have been interpreted as such.

Allow us to help you set the record straight and fight for your future.

Attorney Margaret Teigen Steele Represents Englewood Clients Facing Assault and Menacing Charges

Whether you were accused of assault or threatening assault in the form of menacing, you may be terrified of what comes next. Before you begin jumping to conclusions or assuming that your life is over, retain an experienced attorney who can help you fight for your way of life.

Attorney Margaret Teigen Steele understands that many of her clients are not criminals; they have just been accused of a crime. She treats clients with respect and dignity and provides the strong, aggressive representation their cases require.

Consult Our Criminal Defense Attorney Today

Do you need legal representation in any of these criminal law practice areas or require legal guidance outside of these categories?
Request a consultation with Steele Law Criminal Defense today at 303-907-1504 to learn how we can assist you.

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Our Practice Areas

Domestic Violence

Restraining Orders

Assault and Menacing

Sex Offenses

Theft and Burglary

Drug Possession and Distribution

Probation Revocations

DUI/DWAI/DUID

Traffic and DMV Hearings

Vehicular Assault/Homicide

Sealing Criminal Records

Gun Charges

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I value building long-term relationships with my clients, and your future success is extremely important to me.

The Steele Law Criminal Defense Difference

You may picture criminal defense attorneys as confrontational and abrupt. I take a different approach—my focus is on helping you gain peace of mind, knowing your case is in experienced, dedicated hands.

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I understand the scope of emotions you may be feeling. I approach your case aggressively because I care about your outcomes and your future.

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Steele Law Criminal Defense is a boutique law firm where you receive personalized, individual attention. I only take on select cases to ensure full dedication.

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Criminal cases are never straightforward. I prepare for all possible outcomes so we are never caught off guard throughout your legal process.

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With years of experience as a former prosecutor and defender, I have a track record of successful outcomes. I leverage this expertise to fight for the best possible resolution in your case.

Frequently Asked Questions

What is the difference between assault and menacing in Colorado?

Assault requires actual physical injury. Menacing does not. Menacing is knowingly placing another person in fear of imminent serious bodily injury, which can happen through words, gestures, or displaying a weapon, without anyone ever being touched. That difference matters because the two charges carry different penalties and call for different defenses. It also means you can face a violent-crime charge in a case where no one was hurt.

Is menacing a felony in Colorado?

It depends on whether a weapon was involved. Menacing without a weapon is a class 1 misdemeanor. Menacing committed with a firearm, knife, or bludgeon, or with a simulated firearm, knife, or bludgeon, is a class 5 felony. Prosecutors sometimes file the felony version based on an object that was never used as a weapon at all, and challenging that characterization is often the first thing I look at.

Can assault charges be dropped if the alleged victim does not want to press charges?

Not on their own. In Colorado the prosecutor decides whether to file charges and whether to dismiss them, not the person who called police. A reluctant witness can weaken the state's case, but the case does not disappear because someone changes their mind. Do not contact the alleged victim to ask them to drop it. If a protection order is in place, that contact is a new criminal offense.

Is third degree assault a misdemeanor?

Yes, third degree assault is a class 1 misdemeanor, but Colorado also classifies it as an extraordinary risk crime, which adds six months to the standard 364 day maximum and brings the jail exposure to roughly 18 months. That designation also excludes the conviction from record sealing, so it stays publicly visible permanently. A misdemeanor assault charge deserves the same attention as a felony.

Can I claim self-defense in a Colorado assault case?

Yes. Colorado law permits physical force to defend yourself or another person when you reasonably believe force is about to be used against you, and the force you use has to be proportionate to the threat. Self-defense is not just an argument saved for trial. Raising it early, with 911 timing, injury photographs, and witness accounts, can affect whether charges are filed at the level police recommended.

Representation Across the Denver Metropolitan Area

My legal practice is based in Englewood, CO, but I travel to clients across the greater Denver Metropolitan Area.

Douglas CountyJefferson CountyArapahoe CountyCherry HillsGreenwood VillageDenver Metro Area

If you are located outside of these areas, feel free to reach out to discuss how I can assist you.

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Steel Law Criminal Defense

333 W. HAMPDEN AVE, SUITE 710
ENGLEWOOD, CO 80110

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