Felony Menacing in Colorado (2025 Update) — Guns, Road Rage & What You Need to Know

Caught in rush hour traffic, you’re startled when a reckless driver cuts you off, causing a near-miss. The adrenaline turns to rage, and before you know it, a threat has been made. Worse yet, a gun has been drawn. It only takes one sudden lapse in judgment for conflict to escalate into criminal charges. 

Felony menacing occurs when an argument gets out of hand, and an individual does something threatening that makes the other person fear for their life. Threatening imminent injury is the crime here, and the penalties can be life-altering. This legal guide is for anyone facing a felony for menacing behavior, be it a road rage incident, a property line dispute, or a domestic violence matter. Knowing your next steps when faced with a felony menacing charge is the key to a better outcome.

To understand the severity of a felony menacing charge, it’s essential to first grasp the underlying offense. C.R.S. 18-3-206 governs menacing, a statute amended on March 1, 2022, effectively raising the stakes.

A person commits a crime of menacing when, by threat or physical action, they purposefully intimidate someone else to instill fear of imminent serious bodily injury (SBI). 

The two elements central to culpability for a menacing charge are:

“Knowingly” means you were aware of your alleged actions and the possible outcome they would cause. Under C.R.S. 18-1-501, to act “knowingly” is to be aware that your actions are practically certain to cause a specific outcome. In a case involving a menacing charge, Colorado prosecutors zero in on the defendant’s mental state because the actual result of the threat is less important to the crime than the action itself. 

The actual legal threshold for a case of menacing is the victim’s belief that they’re about to get hurt—not at a later date, time, or place—but in that moment.

Crucially, the threat must involve the level of risk associated with SBI—a high standard, referring to: 

• a substantial risk of death

• permanent disfigurement

• long-term loss of function

Menacing vs. Disorderly Conduct: Intent is Everything

It’s crucial not to confuse menacing with disorderly conduct, specifically the brandishing of a real or simulated firearm, because people often conflate the two, and they’re wrong. The legal term, disorderly conduct, involves showing off a real or simulated firearm in public in a way that’s “calculated to alarm” the general public and in fact does alarm another person, per C.R.S. 18-9-106.

The main factor distinguishing the crimes is intent. Disorderly Conduct is a lesser charge—specifically, a Class 2 misdemeanor—because it involves causing only general alarm by displaying a deadly weapon in public. However, menacing is a Class 1 misdemeanor because it explicitly involves an action intended to make an individual fear for their life. 

Menacing escalates to a Class 5 felony when it’s committed using a real or simulated firearm, knife or bludgeon, or if the victim reasonably believes the accused is armed. This is the key difference between misdemeanor and felony menacing. 

Menacing becomes a felony when an individual takes specific actions, like announcing they’re armed or gesturing toward a weapon. The threat can be physical, such as pointing a weapon at the individual, purely verbal, like threatening to kill them, or both. 

In other words, felony menacing can occur if the defendant verbally or otherwise insinuates that they have a firearm, knife or bludgeon. It is a targeted, intentional threat.

In this specific context, it can be. I handle many felony cases where clients are charged for incidents involving road rage and a gun. Colorado menacing laws are about perception. What the victim sees and believes may not reflect reality—at least, that’s what my clients tell me—but it doesn’t change the stakes of a Colorado felony menacing gun charge. 

The Role of Simulated Weapons

Colorado law specifically states that simulated weapons are treated the same as having a real version of that weapon under C.R.S. 18-3-206 when they create a reasonable belief within the victim of their existence and the threat they pose.

A simulation can be visual or physical:

• Visual simulation - This includes any object, such as a toy, replica, or airsoft gun, that looks like a deadly weapon. It can also be an object visible or hidden inside clothing or a bag that creates the perceived outline of a weapon. 

• Physical simulation - This applies even if no object is present. It involves the accused motioning toward a concealed area, like the inside of a jacket, mimicking the act of drawing a weapon or making a hand gesture meant to resemble a firearm, even for a split second. 

Because this law is based almost entirely on perception, a verbal threat paired with an object that looks like it’s a deadly weapon—even if it’s an optical illusion—can result in stiff penalties. 

A single incident can result in multiple charges and harsher penalties because menacing is often charged alongside crimes like assault, burglary, or illegal discharge of a firearm.

A Class 1 misdemeanor for menacing—the crime without the threat of using a deadly weapon—carries a range of up to 364 days in jail, a fine of up to $1,000, or both. 

This charge can result in your loss of gun rights if you are charged for menacing under Colorado’s domestic violence statutes, per C.R.S. 18-6-801.

A Class 5 felony is a much more serious charge. Penalties for felony menacing in Colorado carry a presumptive sentencing range of one to three years imprisonment in prison, in addition to two years of mandatory parole, and a fine between $1,000 and $100,000. 

Your sentence could exceed three years if the court finds that extraordinary aggravating circumstances, like prior criminal convictions or dangerous behavioral patterns, are applicable. 

You are certain to permanently lose your state and federal gun rights if convicted of felony menacing under C.R.S. 18-12-108 and 18 USCS 3665. 

Felony menacing often results from disputes that spiral out of control. At Robinson & Henry, I’ve seen all kinds of disputes turn into felony menacing, including:

• Domestic disputes - An intimate partner grabs a weapon, points a gun, or wields an object during a heated argument, threatening to harm the victim.

• Property disputes - Arguments over property lines, noise, pets, or parking escalate when a neighbor steps onto the property line, brandishing a weapon.

• Business disputes - A workplace confrontation involving a manager firing an employee who retaliates by grabbing an object that could be used as a weapon.

• Robbery or theft - A suspect in a robbery or theft case makes a verbal threat to facilitate the crime, terrorizing the victim into compliance with demands. 

• Traffic disputes - A road rage incident takes an alarming turn when a driver explicitly implies weapon possession paired with aggressive body language. 

Of course, some disputes are more common in Colorado than others. For instance, Colorado ranks near the top for gun-related road rage injuries, according to 2023 data. Between 2014 and 2024, the Gun Violence Archive tracked 81 road rage-related shootings in the state.

While Colorado's menacing law is uniform, how these cases are processed and charged often depends on the local prosecutor's tenets. 

Prosecutors in both the Denver metro area and Colorado Springs have taken a firm stance on felony menacing in Colorado with a deadly weapon. For instance, statements from the El Paso County Sheriff’s Office in October 2025 stress a “zero tolerance” policy for brandishing firearms on roadways. Colorado Springs menacing cases—deadly weapons included—can become high-profile if the DA’s office decides it wants to make an example of you. 

In my experience, Denver prosecutors have expressed a greater willingness to work with criminal defense attorneys on a better outcome for juvenile, first-time offenders through diversion. To obtain a deferred judgment, you need an experienced Denver menacing lawyer. Gun charges aside, we would need to negotiate your felony down to a misdemeanor for the DA’s office to even consider diversion as an option.  

Prosecutors tend to leverage the threat of a Class 5 felony menacing charge in Colorado, which carries a one-to-three-year prison sentence, in order to trade a guilty plea for a lesser sentence. I know this because I was a prosecutor in the 4th Judicial District Attorney’s Office in El Paso and Teller counties, and I know how they think. Nobody wants to be branded a felon, especially for a situation that, in many cases, escalated more quickly than you thought it would. 

If you’re being investigated for or have been charged with felony menacing, the legal battle requires immediate and strategic intervention. 

The stage preceding formal charges, pre-investigation, is often your best chance of avoiding charges altogether. This scenario is ideal for me if I’m working on a defense for felony menacing in a gun case. However, it rarely works if you’re talking to the cops. 

The police are investigating you on behalf of the DA’s office. Their job is to find out as much as they can about your state of mind when the incident occurred. They’re not out to help you. Since felony menacing is a general intent crime, any statement—even one intended to be defensive—can be used to prove you had the requisite “knowledge” that your actions would cause fear. 

When I’m your attorney, I act as a crucial barrier between you and any police investigation underway. I also start talking to the prosecutor overseeing your case, giving them exculpatory evidence or mitigating factors to bolster your defense. In cases where their evidence is especially weak, I’ll argue that the state can’t prove necessary intent until the prosecution is convinced that an escalation of charges won’t bode well in court. 

One of the most powerful defenses to a felony menacing charge is claiming it was self-defense. In this defense strategy, we could argue that you were the one who was reasonably fearful for your or someone else’s life. Perhaps your intent was to protect yourself and others. 

In my experience, this strategy is hard to pull off without a criminal defense attorney’s help. It requires a type of reverse psychology that can be a hard sell without the right evidence to support your claim of self-defense against menacing. Colorado law puts the burden of proof on the prosecutor once you’ve presented credible evidence in support of your defense.  

If you don’t have a clear path forward with the self-defense defense, we’ll need to focus our efforts on undermining the prosecutor’s ability to prove one or more of the core elements of felony menacing:

• Lack of imminent fear - How immediate was the threat, and how reasonable the fear? Our strategy for casting doubt on the alleged victim’s response is by reframing their sense of time and what’s considered a reasonable response. 

• Misinterpretation of actions - Were your actions misinterpreted? You can’t be guilty of knowing if there was no intent to cause harm behind your actions.

• No firearm, knife or bludgeon used - Perhaps the most straightforward path toward reducing the felony charge in this case involves undermining the victim’s testimony about the alleged weapon.

We’ll use available evidence to establish your version of events, leaving no room for skepticism. 

Unless there are extraordinary aggravating circumstances, chances are favorable for a plea deal. This would allow you to avoid a felony conviction entirely, and in a case where there’s a lot of evidence supporting guilt, well, it’s a great option. 

The R&H Criminal Defense Team has helped clients achieve better outcomes, such as:

• Plea to misdemeanor menacing - A Class 1 misdemeanor to avoid a felony conviction altogether. Ideal for situations where a violent offense has undoubtedly occurred. 

• Plea to misdemeanor disorderly conduct with a weapon - A Class 2 misdemeanor, this is often the best outcome, as it can help you avoid jail time. We can secure this option when the evidence of “imminent serious bodily injury” is weak. 

• Deferred judgment & sentence - This is where you plead guilty, but the conviction is held. Once you fulfill the terms of your probation, your guilty plea will be withdrawn, and your case will be ultimately dismissed. A highly sought-after outcome for first-time offenders and juveniles.  

Felony menacing during road rage or other confrontations is among the most serious charges an individual can face in Colorado. The threat of prison time and the guaranteed loss of fundamental gun rights demand immediate and experienced legal intervention. 

If you find yourself charged with a felony or misdemeanor along the I-25 corridor or any other of Colorado’s dangerous highways, don’t wait. Robinson & Henry’s Criminal Defense Team has extensive experience helping people like you reduce or drop felony charges. Call 303-688-0944 or schedule your appointment online now.