What’s the difference between assault and menacing in Colorado?

Q: What's the difference between assault and menacing in Colorado?

Assault and menacing are different crimes in Colorado. Assault is causing physical injury to someone - such as by punching. In contrast, menacing is putting a person in fear of imminent serious bodily injury or death - such as by holding up a fist to a person's face.

Q: Can I go to prison for assault?

Assault carries a potential jail or prison sentence depending on the specific assault charge you were convicted of. First-degree assault is a class 3 felony, carrying 10 to 32 years in Colorado State Prison, and/or $3,000 to $750,000. Second-degree assault is a class 4 felony, carrying 5 to 16 years in prison, and/or $2,000 to $500,000. And third-degree assault is a class 1 misdemeanor, carrying up to 18 months in jail, and/or up to $1,000 in fines.

Q: Can I go to prison for menacing?

The crime of menacing is usually a class 1 misdemeanor in Colorado. A misdemeanor menacing conviction is punishable by: Up to 364 days in jail, and/or A fine of up to $1,000. But menacing becomes a class 5 felony under Colorado law if there is any use of a deadly weapon (or of any item a person would reasonably believe is a deadly weapon). Menacing also is a felony if you represent verbally or otherwise that you are armed with a deadly weapon. A felony menacing charge carries: 1 to 3 years in prison, and/or $1,000 to $100,000.

Q: How do I fight the charges?

The best defenses to violent crime charges that assault and menacing attorneys use include: 1) The victim was attacking you, and you were acting in lawful self-defense; 2) The incident was a blameless accident; 3) You were falsely accused (sometimes accusers even self-inflict their own injuries); 4) The victim consented to your physical actions; or 5) The police committed misconduct, such as coercing your confession.

Posted on May 20, 2022

A person holding a fist about to punch — Assault requires physical touching. Menacing does not.

Assault and menacing are different crimes in Colorado. Assault is causing physical injury to someone – such as by punching. In contrast, menacing is putting a person in fear of imminent serious bodily injury or death – such as by holding up a fist to a person’s face.

Other examples of assault versus menacing in Colorado are:

Assault	Menacing
Shooting a person	Pointing a gun at a person, or shooting and missing
Stabbing a person	Holding a knife up to a person, or stabbing and missing
Hitting a person with a baseball bat	Holding a baseball bat to a person’s head, or swinging and missing
Throwing a brick, which hits a person	Throwing a brick at a person, and it misses

In short, menacing is like an attempted assault. And since assault involves physical contact and menacing does not, assault charges typically carry harsher penalties than menacing charges.¹

Can I go to prison for assault?

Assault carries a potential jail or prison sentence depending on the specific assault charge you were convicted of.

Colorado assault crime

Penalties

First-degree assault (CRS 18-3-202):

Intentionally causing serious injury with a deadly weapon

Class 3 felony:

10 to 32 years in Colorado State Prison, and/or
$3,000 to $750,000

Second-degree assault (CRS 18-3-203):

Intentionally causing serious injury without a deadly weapon

Class 4 felony:

5 to 16 years in prison, and/or
$2,000 to $500,000

Third-degree assault (CRS 18-3-204):

Negligently causing bodily harm with a deadly weapon

Class 1 misdemeanor:

Up to 18 months in jail, and/or
Up to $1,000 in fines²

Can I go to prison for menacing?

The crime of menacing is usually a class 1 misdemeanor in Colorado. A misdemeanor menacing conviction is punishable by:

Up to 364 days in jail, and/or
A fine of up to $1,000.

But menacing becomes a class 5 felony under Colorado law if there is any use of a deadly weapon (or of any item a person would reasonably believe is a deadly weapon). Menacing also is a felony if you represent verbally or otherwise that you are armed with a deadly weapon. A felony menacing charge carries:

1 to 3 years in prison, and/or
$1,000 to $100,000.³

Man holding baseball bat about to strike

Menacing with a deadly weapon is a Colorado felony.

How do I fight the charges?

The best defenses to violent crime charges that assault and menacing attorneys use include:

The victim was attacking you, and you were acting in lawful self-defense;
The incident was a blameless accident;
You were falsely accused (sometimes accusers even self-inflict their own injuries);
The victim consented to your physical actions; or
The police committed misconduct, such as coercing your confession.

In every criminal case, prosecutors have the burden to prove guilt beyond a reasonable doubt. As long as the D.A.’s evidence is too weak or unreliable to support a conviction, the charges should be dropped.

Arrested on a charge of menacing or assault? Our DUI/criminal defense attorneys defend against criminal charges throughout the state of Colorado and fight to keep your criminal record clear. We also fight against allegations of domestic violence, sexual assault, vehicular assault, restraining order violations, false imprisonment, resisting arrest by a peace officer, and more.

Our Colorado criminal defense lawyers have law offices in Denver, Colorado Springs, and Loveland. Contact our law firm for legal advice on how to pursue the best case result in your matter.

Legal References

C.R.S. 18-3-202 – 206. See also People v. Lopez, (2015) 2015 COA 45, 399 P.3d 129,
CRS 18-3-202 – 204. See also Rowe v. People, (Colo. 1993) 856 P.2d 486.
CRS 18-3-206.

About the Author

Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.

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