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Misdemeanor Menacing


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#1 jfordfitness

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Posted 21 December 2009 - 03:33 PM

I am charged with misdemenor menacing by placing a questionable call to a third party. This third party contacted the police departement and i was charged with misdemeanor menacing - and never spoke to the party i am charged with menacing.


According to what i have read in denver, this does not fit into the definition. am I missing something?


My defense is that the person that I called on has a history of abuse that is registered with the law enforcement and I was concerned about his abuse reaching me - which in unstated occurances was my state of mind.


 





#2 FindLaw_dave

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Posted 22 December 2009 - 05:39 AM

Menacing (18-3-206) Colorado


  1. A
    person commits the crime of menacing if, by any threat or physical
    action, he or she knowingly places or attempts to place another person
    in fear of imminent serious bodily injury. Menacing is a class 3
    misdemeanor, but, it is a class 5 felony if committed:
    (a) By the
    use of a deadly weapon or any article used or fashioned in a manner to
    cause a person to reasonably believe that the article is a deadly
    weapon; or

    (B) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.
My defense is that the person that I called on has a history of abuse
that is registered with the law enforcement and I was concerned about
his abuse reaching me -

If you know this person has a documented history of abuse, why would you call them, especially if you are concerned about it reaching you?

which in unstated occurances was my state of
mind.

Please explain - this makes no sense



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