what is a menacing charge

Understanding Menacing Charges

A menacing charge refers to when someone intentionally places or attempts to place another person in fear of imminent serious bodily injury. This criminal offense – sometimes called “making threats” or “criminal threats” – involves using words or actions to make someone afraid they are about to suffer severe harm.
Let’s break this down further and see what exactly constitutes a menacing charge, potential defenses, penalties, and more.

What Does “Menacing” Mean Legally?

The legal definition of menacing focuses on the perpetrator’s conduct and intent rather than the victim’s perception. A menacing charge means the accused:

• Intentionally
• Threatened to commit a crime likely to result in serious injury or death against someone else
• Had an apparent ability to carry out the threat
• Created reasonable fear in the victim that the threat would be carried out

The threat does not actually need to be realistic. What matters is whether the threat would reasonably cause fear and seemed credible at the time it was made.
For example, someone could be charged with menacing for threatening to shoot up a building even if they did not actually have a gun. The fact they made the person believe they were armed and ready to attack is what constitutes the offense.

What Type of Threats Qualify as Menacing?

Most menacing charges involve threats to:

• Physically harm someone using a weapon, one’s hands, etc.
• Sexually assault someone
• Kidnap someone or hold them against their will
• Damage property via bomb, fire, etc. if people could be hurt
• Kill someone whether directly or by hiring someone else

Generally, threats involving minor injury like slapping or pushing do not qualify as menacing. The potential harm threatened must be serious if carried out.
Additionally, threats made against groups of people or the public can constitute menacing charges in many jurisdictions. Threatening a mass shooting in a stadium, for example, could lead to criminal menacing charges.

What Are Potential Defenses to Menacing Charges?

Some common menacing defenses include:

Lack of Intent

If the threatening statements were not intended to scare the victim, there is no crime. For example, muttering angry statements like “I’ll kill him” without directing them to anyone specifically shows no intent to menace.

No True Threat

If the alleged threat was clearly hyperbolic or made in jest – e.g., an exaggerated expression of being upset – then there is likely no criminal conduct. The statement has to seem like a sincere, credible threat rather than rhetorical exaggeration.

Mistaken Identity

If the defendant can show they were mistakenly identified and did not actually make the threats, they should be found not guilty.

Duress

If external threats or force caused the defendant to make the menacing statements against their will, this could provide a defense.

Mental Illness

Severe mental health conditions like schizophrenia that involve delusions, hallucinations, and disorganized thinking can be raised as a partial defense. The defendant may say they lacked capacity to form criminal intent.

What Are the Potential Penalties for Menacing?

Menacing sentences vary based on the:

• Jurisdiction’s statutes
• Nature and context of the threat
• Defendant’s criminal history

In general though, first-time misdemeanor menacing convictions result in probation plus potential:

• Up to 1 year in jail
• Fines up to $1000
• Restraining order requiring no contact with the victim
• Mandatory counseling

Felony menacing charges for more serious threats often lead to:

• Over 1 year in state prison
• Up to $100,000 in fines
• Extended probation requiring counseling, community service, etc.

Recidivism or violating probation/restraining orders generally increase penalties.

When Does Menacing Become a Felony Charge?

Prosecutors typically pursue felony rather than misdemeanor charges if:

• The defendant used a deadly weapon to issue threats
• The threats were against public officials, police, judges, or witnesses
• The accused has prior menacing or stalking convictions
• The threats were very specific, detailed, frequent, and clearly intended to terrorize

Additionally, many states specifically classify certain types of menacing as felonies by statute regardless of circumstances. These include:

• Threats to bomb a building or damage property via explosives, arson, etc.
• Threats involving chemical, biological, or nuclear weapons of mass destruction
• Credible kidnapping or human trafficking threats

So in recap, misdemeanor charges often apply to fairly minor one-time threats in the heat of an argument. But elaborate, mass harm, repeated, or weapon-involved threats elevate the crime to potential felony status.

What Happens at a Menacing Criminal Trial?

Defendants have the right to plead not guilty and go to trial facing menacing accusations. The prosecution then has to prove guilt beyond a reasonable doubt.
They will call witnesses – usually the victim and any witnesses to the threats – to testify about:

• The exact statements made
• The context around the threats
• The defendant’s demeanor and actions
• Why the threats caused fear and seemed credible

Police may describe steps they took to investigate further such as examining the defendant’s home, devices, or financial records for evidence related to weapons, plans to attack, etc.
If the defense raises mental illness, they may have psychological experts testify about the defendant’s condition and its role in the offenses.
Ultimately the verdict rests upon the jury believing the prosecution established all the elements of menacing beyond doubt. If they do not, then the jury should issue a not guilty verdict.

What About Menacing a Minor Child?

Most states have enhanced charges and penalties if the victim is below a certain age, usually 14-18 years depending on the jurisdiction.
For example, Colorado statute 18-3-206 defining menacing specifically notes that if committed against a minor under age 18, it becomes a class 5 felony rather than misdemeanor.
So threats against children generally lead to felony indictments and much harsher sentences upon conviction compared to menacing adults.

Domestic Violence Context

Menacing often occurs alongside other potential charges in domestic disputes. For example, threatening a partner or family member with violence could also qualify as:

• Domestic assault
• Violating a restraining order
• Child abuse if done in front of kids
• Terroristic threats in some jurisdictions

Defendants then face additional charges, enhanced penalties, and other legal implications like losing child custody or gun ownership rights when convicted.

What Should I Do if Facing Menacing Accusations?

People arrested for alleged menacing should:

1. Decline to speak further with police and immediately contact a criminal defense lawyer
2. Follow the attorney’s advice about whether to make a statement or answer questions later on
3. Avoid contacting the alleged victim as that could lead to witness tampering or restraining order violation charges
4. Begin gathering exonerating evidence like alibis, character references, proof of duress, etc.
5. Get in touch with a mental health professional if relevant to build a psychiatric defense

An experienced lawyer can carefully walk through the available defenses and build the strongest case possible arguing innocence or mitigating circumstances. This provides the best chance at an acquittal or minimized consequences.

What If I Was the Victim of Menacing Threats?

If someone threatens you to the point of feeling fearful for your safety, you should:

1. Call 911 immediately if the situation seems dangerous and the suspect is present
2. File a formal statement with police about the nature and context around the threats
3. Petition the court for a restraining or protection order keeping the perpetrator away
4. Preserve evidence like recordings, screenshots, emails etc. documenting the threats
5. Consider changing locks, alarm codes, and other security measures to prevent access
6. Carry pepper spray and avoid being isolated alone until the defendant is in custody

Victims may also want to pursue a civil lawsuit against the perpetrator for intentional infliction of emotional distress or similar claims.
If you believe someone you know is at risk of violence, immediately contact law enforcement. Threats should always be taken seriously, investigated, and prosecuted when appropriate.