Weapons Charges
September 8, 2025
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Facing weapons charges in Denver or elsewhere in Colorado can be overwhelming. These cases may involve firearms, knives, or other
- Fax: 720-918-2906
- 11990 Grant Street, Suite 550, Northglenn, CO 80233
Denver Assault & Menacing Lawyer
A Former Prosecutor Fighting for Your Defense
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720-209-1469
Charged with Assault? Your Future Is on the Line
We Build Aggressive Defenses for Serious Charges
Being charged with assault or menacing in Colorado is a serious matter that can result in years in prison and devastating consequences for your future. Whether you’re facing misdemeanor or felony charges, the prosecution must prove every element of their case “beyond a reasonable doubt”—and we’re here to ensure they can’t meet that burden.
At Beck Law Office, we understand that assault charges often arise from situations that escalated quickly, self-defense scenarios, or misunderstandings. As a former Deputy District Attorney, Attorney Lori Beck knows exactly how prosecutors build assault cases and what defenses are most effective in challenging their evidence. This insider knowledge gives us a critical advantage in protecting your rights and fighting for your freedom.
— Critical Differences Between Assault and Menacing —
The Difference Between Assault and Menacing
Assault vs. Menacing in Colorado
Many people confuse assault and menacing, but they are distinct crimes under Colorado law with different elements and penalties.
What Is Menacing?
Menacing involves creating fear of imminent serious bodily injury without necessarily causing actual physical harm.
- Legal Elements: By any threat or physical action, you knowingly place or attempt to place another person in fear of imminent serious bodily injury.
- Key Point: Menacing is based on what the alleged victim reasonably feared, not necessarily what you intended.
Misdemeanor Menacing:
- Definition: Basic menacing without weapons
- Penalties: Class 1 misdemeanor with up to 364 days in jail and/or fines up to $1,000
Felony Menacing:
Menacing becomes a felony when it involves:
- Using a deadly weapon or any object fashioned to appear as a deadly weapon
- Representing that you are armed with a deadly weapon (verbally or otherwise)
Penalties: Class 5 felony carrying 1 to 3 years in prison and/or fines of $1,000 to $100,000
Critical Differences Between Assault and Menacing
- Assault: Requires actual physical contact or injury
- Menacing: Requires only the creation of fear of imminent serious bodily injury
Understanding this distinction is crucial because the defenses and strategies for each type of charge can be very different.
Understanding Assault Charges in Colorado
Colorado law recognizes three degrees of assault, each with different elements and penalties. Understanding these distinctions is crucial for building an effective defense strategy.
| Degree | Legal Elements | Classification | Penalties |
|---|---|---|---|
| First-Degree Assault | Use of deadly weapon causing serious injury, permanent disfigurement, or reckless behavior causing fractures, burns, or life-threatening harm. | Class 3 Felony | 10–32 years in prison $3,000–$750,000 fines |
| Second-Degree Assault | Serious bodily injury without deadly weapon, reckless injury with a weapon, drugging without consent, or bodily injury causing pain. Enhanced penalties for assaulting officials. | Class 4 Felony | 5–16 years in prison $2,000–$500,000 fines |
| Third-Degree Assault | Knowingly or recklessly causing bodily injury, or negligent injury with a deadly weapon. | Class 1 Misdemeanor | Up to 18 months in jail Up to $1,000 fine |
First-Degree Assault (Most Serious)
First-degree assault is the most serious assault charge in Colorado, carrying the harshest penalties.
Legal Elements:
- Intentionally using a deadly weapon to seriously injure someone, OR
- Intentionally causing permanent disfigurement or disabling of organ function
- Extremely reckless behavior that causes serious bodily injury such as:
- Fractures requiring medical treatment
- Second or third-degree burns
- Injuries creating substantial risk of death, permanent disfigurement, or organ impairment
Penalties: Class 3 felony carrying 10 to 32 years in prison and/or fines of $3,000 to $750,000
Second-Degree Assault
Second-degree assault covers a broader range of serious assault scenarios with significant but lesser penalties than first-degree.
Legal Elements – You can be charged if you:
- Intentionally cause serious bodily injury without using a deadly weapon
- Recklessly cause serious bodily injury with a weapon
- Intentionally drug someone without their consent
- Intentionally cause bodily injury that results in pain
Enhanced Charges for Assaults on Officials:
If the victim is an on-duty peace officer, firefighter, or emergency worker, second-degree assault also includes:
- Intending or threatening serious bodily injury to prevent them from performing duties
- Causing them to contact bodily fluids or toxic chemicals with intent to harm
Penalties: Class 4 felony carrying 5 to 16 years in prison and/or fines of $2,000 to $500,000
Third-Degree Assault
Third-degree assault is the least serious assault charge but still carries significant consequences.
Legal Elements:
- Knowingly or recklessly causing bodily injury to another person, OR
- Negligently causing bodily injury with a deadly weapon
Important: Third-degree assault does not require intent to harm—reckless or negligent behavior that causes injury is sufficient for conviction.
Penalties: Class 1 misdemeanor carrying up to 18 months in jail and/or fines up to $1,000
Penalties for Menacing in Colorado
Understanding the potential consequences helps you appreciate the importance of strong legal representation.
| Charge | Classification | Penalties |
|---|---|---|
| Misdemeanor Menacing | Class 1 Misdemeanor | Up to 364 days jail Up to $1,000 fine |
| Felony Menacing | Class 5 Felony | 1–3 years prison $1,000–$100,000 fine |
Additional Consequences:
- Permanent criminal record affecting employment and housing
- Loss of gun rights for felony convictions
- Professional license impacts for licensed professionals
- Immigration consequences for non-citizens
- Civil liability for victim’s medical bills and damages
The Former Prosecutor’s Advantage
Assault and menacing charges carry serious consequences that can destroy your future. You need an attorney who understands both the law and the prosecution’s tactics.
- Understanding prosecution strategy: How to counter their case-building tactics
- Knowledge of evidence evaluation: What prosecutors consider strong or weak evidence
- Experience with self-defense claims: Knowing when they’re most effective
- Insight into plea negotiations: Realistic expectations in assault cases
What Inadequate Representation Costs
- Public defenders are overworked and lack time for thorough assault defense preparation
- Inexperienced attorneys don’t understand the nuances of Colorado assault law and effective defense strategies
- General practice lawyers may lack the trial experience necessary for serious assault cases
The wrong attorney can mean the difference between freedom and years in prison.
— Facing Colorado Assault & Menacing Charges —
Why You Need an Experienced Criminal Defense Attorney
Our Proven Defense Strategies
Challenging Intent
Intent is a crucial element in most assault charges. We examine whether your actions were truly intentional or were the result of accident, misunderstanding, or justified response to threat.
Self-Defense Claims
Colorado law allows you to defend yourself and others from imminent threats. We build strong self-defense cases by:
- Documenting the threat you faced
- Proving your response was reasonable and proportionate
- Challenging the prosecution's version of events
Thorough Evidence Investigation
We examine all evidence including:
- Witness statements and their credibility
- Medical records and injury documentation
- Video surveillance or phone recordings
- Physical evidence from the scene
Constitutional Challenges
We identify violations of your rights during:
- Investigation and questioning
- Arrest procedures
- Evidence collection
- Miranda rights administration
Aggressive Negotiation
We work to achieve:
- Charge reduction from felony to misdemeanor
- Dismissed charges when evidence is insufficient
- Alternative sentencing including probation, anger management, or community service
- Deferred judgment agreements that can result in no conviction
Common Defenses in Assault and Menacing Cases
Self-Defense
Colorado law allows you to use reasonable force to defend yourself, others, or your property when facing an imminent threat of unlawful force.
Defense of Others
You can legally defend family members, friends, or even strangers from imminent harm using reasonable force.
Lack of Intent
Many assault charges require specific intent. We can challenge whether your actions were truly intentional or were accidents, reflexive responses, or misunderstandings.
Insufficient Evidence
The prosecution must prove every element beyond a reasonable doubt. We identify weaknesses in their evidence and create reasonable doubt.
Mistaken Identity
In chaotic situations, witnesses may incorrectly identify the perpetrator. We challenge eyewitness testimony and present alternative theories.
Provocation
While not a complete defense, evidence of provocation can sometimes reduce charges or penalties.
Don't Let Assault Charges Destroy Your Future
Assault and menacing charges are serious criminal matters that require immediate, experienced legal representation. The prosecution has investigators, forensic experts, and experienced attorneys working to convict you. You need an equally powerful advocate on your side.
Time is critical. Evidence is being gathered, witnesses are being interviewed, and the prosecution’s case is being built while you’re considering your options. Every day you wait gives them more ammunition to use against you.
Your freedom, your future, and your family’s security are at stake. Don’t trust these serious charges to an inexperienced attorney or try to handle them yourself.
OR
Get Your First Consultation FREE!
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What Our Personal Injury Clients Say
"I am fortunate to have had Lori Beck represent me for my car accident. Everything about my case was handled professionally and I am very happy with the outcome."
Melanie Scott ⭐⭐⭐⭐⭐
"Lori helped me more than I had expected. Value definitely exceeded the dollar here."
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