Attorney
Reviewed by Ryan Markus, Fort Collins criminal defense attorney and former Colorado State Public Defender.
Menacing is knowingly placing or attempting to place another person in fear of imminent serious bodily injury by any threat or physical action. Colorado classifies it as a class 1 misdemeanor, or a class 5 felony when a firearm, knife, or bludgeon (or a simulation of one) is used.
A menacing charge can come from a heated argument, and it can feel out of proportion to what actually happened. No one has to be touched for the charge to apply. You don’t have to sort this out alone, and understanding what the law requires is a good first step.
Under C.R.S. 18-3-206, menacing means knowingly placing or attempting to place someone in fear of imminent serious bodily injury through a threat or physical action. The charge becomes a felony when a firearm, knife, or bludgeon, or a simulated one, is used. If you have questions about your situation, you can contact us for a confidential conversation.
These scenarios show how a menacing charge can arise. Each case turns on its own facts.
- Two neighbors argue over a property line, and one steps toward the other while holding a raised shovel and saying he will hurt him.
- Outside a bar in Old Town, a man pulls a folding knife from his pocket during a dispute and the other person says he feared being stabbed.
- During a road rage incident on a Larimer County road, a driver points a realistic toy gun out of the window at another driver.
Many times, people will make threatening statements in attempts to defend themselves. Sometimes, you might not realize you’re holding something like a bat or blunt object. It may sound surprising, but it can be very easy to pick up a menacing charge even when you’re in the right! Collecting the relevant surveillance, statements, and evidence is essential for a proper defense and something you will always get with Markus Law.
In this article
- What the prosecution must prove
- Common defenses
- Penalties
- Domestic violence designation and firearms
- Sealing your record
- Related offenses
- Full text of C.R.S. 18-3-206
- Frequently asked questions
1. What the prosecution must prove
To convict you of menacing under C.R.S. 18-3-206, the prosecution must prove each of these beyond a reasonable doubt:
- You made a threat or took a physical action.
- By that threat or physical action, you knowingly placed, or attempted to place, another person in fear of imminent serious bodily injury.
- For the felony version, you did so by the use of a firearm, knife, or bludgeon, or a simulated firearm, knife, or bludgeon.
Knowingly
Under C.R.S. 18-1-501(6), a person acts knowingly with respect to conduct or a circumstance when he or she is aware that the conduct is of that nature or that the circumstance exists. With respect to a result, it means being aware the conduct is practically certain to cause it.
Imminent
In laymen’s terms, imminent means about to happen, not something feared at some later time.
Serious bodily injury
Under C.R.S. 18-1-901(3)(p), this is bodily injury that, at the time or later, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of long-term loss or impairment of any part or organ of the body. It also includes breaks, fractures, a penetrating knife or gunshot wound, and second- or third-degree burns.
Simulated firearm, knife, or bludgeon
The statute treats a simulated weapon the same as a real one for the felony version. It does not define the term, so the ordinary meaning of an imitation or look-alike applies.
2. Common defenses
No knowing act
The prosecution must prove you acted knowingly as to placing or attempting to place someone in fear of imminent serious bodily injury. Under C.R.S. 18-1-501(6), that means you were aware your threat or physical action was practically certain to cause that result. An accidental gesture or words misunderstood as a threat may not meet that standard.
No placing or attempting to place in fear of imminent serious bodily injury
The statute requires that you placed or attempted to place someone in fear of imminent serious bodily injury, not just fear of an argument or of some later harm. The prosecution must prove this element.
Self-defense or defense of another
Colorado law allows physical force to defend yourself or someone else from what you reasonably believe is unlawful physical force, using only the degree of force you reasonably believe is necessary (C.R.S. 18-1-704). That defense doesn’t have to be from actual force, it can also be to protect yourself from the imminent use of force from another. Once there is some credible evidence of self-defense, the prosecution must also prove beyond a reasonable doubt that you did not act in self-defense. Whether it applies depends on the facts, and a lawyer can help you assess that. You can schedule a confidential consultation to talk through your case.
Mistaken identity or a different account of events
If the dispute is over who did what, the prosecution must prove beyond a reasonable doubt that you were the person who made the threat or took the action.
No weapon, for the felony version
The felony requires the use of a firearm, knife, or bludgeon, or a simulated one. Without proof of that element, the felony cannot stand; the class 1 misdemeanor still requires proof of every other element.
3. Penalties
C.R.S. 18-3-206 sets two levels of menacing.
- Class 1 misdemeanor (the base offense): up to 364 days in jail, a fine up to $1,000, or both (C.R.S. 18-1.3-501(1)(a.5)).
- Class 5 felony (committed by the use of a firearm, knife, or bludgeon or a simulated firearm, knife, or bludgeon): 1 to 3 years in prison, a fine of $1,000 to $100,000, and 2 years of mandatory parole (C.R.S. 18-1.3-401(1)(a)(V.5)(A); (1)(a)(III)(A)).
The felony range is the presumptive range. If you were on bond for a felony or serving a sentence for a felony offense, the charge will be aggravated which means you will be facing two to six years. Menacing is not on the crime-of-violence list, even when committed with a weapon.
4. Domestic violence designation and firearms
A menacing charge can carry a domestic violence label when the person is or was in an intimate relationship with the alleged victim.
- Domestic violence is not a separate crime. Under C.R.S. 18-6-800.3(1), it is a label added to another crime when the act or threatened act of violence was against a person with whom the actor is or has been in an intimate relationship, such as spouses, former spouses, past or present unmarried couples, or parents of the same child.
- If the court finds on the record that the facts include an act of domestic violence, C.R.S. 18-6-801(1)(a) requires a treatment evaluation and a treatment program, in addition to any other sentence. That requirement does not apply to a person sentenced to the department of corrections (C.R.S. 18-6-801(2)); a person whose probation is supervised in another state under the interstate compact follows that state’s requirements; and if an intake evaluation finds treatment inappropriate, the person is referred back to the court.
- A conviction with a domestic violence finding that is a misdemeanor crime of domestic violence under federal law, or a felony that included an act of domestic violence, requires the court to order you not to possess or buy firearms or ammunition and to give up any you have (C.R.S. 18-6-801(8)(a)). A domestic violence conviction normally triggers a federal firearm ban as well, though because Colorado’s definition is broader than the federal one, some Colorado convictions may not qualify. A consultation can sort out which applies.
If you are not a United States citizen, tell your attorney before accepting any plea, because a charge, plea, or conviction may have immigration consequences.
5. Sealing your record
Sealing hides a criminal record from the public but does not erase the conviction. Courts, police, and prosecutors can still see a sealed record (C.R.S. 24-72-703).
Misdemeanor menacing (class 1 misdemeanor) can be eligible for sealing three years after the case ends or supervision ends, whichever is later, with no new convictions and restitution paid. Menacing is a crime with victim rights, so the victim can ask for a hearing and the judge decides. If the court found the facts included domestic violence, the conviction generally cannot be sealed, outside exceptional circumstances.
Felony menacing, committed with a weapon, cannot be sealed.
If a menacing case is dismissed or ends in an acquittal on every count, the law requires the court to seal the record on its own. That does not always happen, and an experienced criminal defense attorney can make sure it does.
6. Related offenses
| Offense | C.R.S. | What it covers | Level |
| Assault in the first degree | C.R.S. 18-3-202 | Assault in the first degree | Class 5 felony or class 3 felony |
| Assault in the second degree | C.R.S. 18-3-203 | Assault in the second degree | Class 6, class 4, or class 3 felony |
| Assault in the third degree | C.R.S. 18-3-204 | Assault in the third degree | Class 1 misdemeanor |
| Reckless endangerment | C.R.S. 18-3-208 | Reckless endangerment | Class 2 misdemeanor |
| Criminal extortion – aggravated extortion | C.R.S. 18-3-207 | Criminal extortion – aggravated extortion | Class 4 or class 3 felony |
7. Full text of C.R.S. 18-3-206
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 1 misdemeanor, but it is a class 5 felony if committed by the use of a firearm, knife, or bludgeon or a simulated firearm, knife, or bludgeon.
Source: C.R.S. § 18-3-206 (2026). Statute text current through the 2026 legislative session.
8. Frequently asked questions
Is menacing a felony in Colorado?
It depends on how it was committed. Under C.R.S. 18-3-206, menacing is a class 1 misdemeanor, but it is a class 5 felony when committed by the use of a firearm, knife, or bludgeon, or a simulated firearm, knife, or bludgeon.
Does anyone have to be touched or hurt for a menacing charge?
The statute requires that you knowingly placed or attempted to place another person in fear of imminent serious bodily injury by a threat or physical action. It does not say the person must be touched or injured.
In fact, menacing cases are frequently filed in circumstances where someone believes they had a weapon. Anything from a prior statement about being armed, prior knowledge of being armed, a hand in a pocket or a statement about a weapon can all result in felony charges even if you didn’t possess anything.
Can a toy or fake weapon lead to the felony charge?
The statute names a simulated firearm, knife, or bludgeon alongside the real ones for the class 5 felony. Whether a particular object counts depends on the facts, so it is worth reviewing with a lawyer.
Can I claim self-defense to a menacing charge?
Self-defense may apply if you reasonably believed you or someone else faced unlawful physical force and used only the force you reasonably believed necessary. It is not available if, for example, you were the initial aggressor, unless you clearly withdrew and the other person kept going. Whether it fits depends on the facts of your case.
Talk with Markus Legal about a menacing charge
If you have been charged with menacing in Fort Collins or elsewhere in Larimer County, you can contact us at 970.698.5334 to set up a confidential consultation with attorney Ryan Markus.
This article provides general information about Colorado law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change; consult an attorney about your specific situation. Attorney Advertising.