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Who knows the laws?
A friend said that if you point your loaded firearm at someone (in a self defense situation obviously) that you can be charged with a Felony Menacing? How could this be true if your trying to defend your self?
If you point a gun at someone, they 'can' file charges against you for felony menacing, even if you do so in self defense. Best you can do is afterward, when the situation is calm, call 911 and report it, let them know you had reasonable grounds to draw and they will have a record of it. Otherwise if you let them call the cops on you you already begin on the defensive. Best to be the good citizen and call first, that way you're the victim/complainant.Originally Posted by Doubleajaybrock
"There is no news in the truth, and no truth in the news."
"The revolution will not be televised... Instead it will be filmed from multiple angles via cell phone cameras, promptly uploaded to YouTube, Tweeted about, and then shared on Facebook, pending a Wi-Fi connection."
18-1-702. Choice of evils.
(1) Unless inconsistent with other provisions of sections 18-1-703 to 18-1-707, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of the actor, and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.
(2) The necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. When evidence relating to the defense of justification under this section is offered by the defendant, before it is submitted for the consideration of the jury, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.
Source: L. 71: R&RE, p. 407, § 1. C.R.S. 1963: § 40-1-802.
18-3-206 Menacing
(1) 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 3 misdemeanor, but, it is a class 5 felony if committed:
(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.
An unloaded firearm is a deadly weapon. People v. Lahr, 200 Colo. 425, 615 P.2d 707 (1980).
“Every good citizen makes his country's honor his own, and cherishes it not only as precious but as sacred. He is willing to risk his life in its defense and is conscious that he gains protection while he gives it.” Andrew Jackson
A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.'
That is Honor, and there are way too many people in this country who no longer understand it.
It's pretty much gonna boil down to who's story is more credible and supported by any evidence (such as witness testimony, etc...).
Sure, you could justifiably draw and aim your gun at someone and still be charged with menacing. It's all going to depend on how the differing sides present their version of events, who's story is supported by any available evidence and who is more credible.
Wouldn't be the first time an innocent person was charged. Sometimes life isn't fair.
Stella - my best girl ever.
11/04/1994 - 12/23/2010
Don't wanna get shot by the police?
"Stop Resisting Arrest!"
Hence why I say be the first to call the cops, you seem to always be in a better position legally if you're the victim/complainant.
"There is no news in the truth, and no truth in the news."
"The revolution will not be televised... Instead it will be filmed from multiple angles via cell phone cameras, promptly uploaded to YouTube, Tweeted about, and then shared on Facebook, pending a Wi-Fi connection."
Everyone here has given you info that is spot on. You can be changed with Felony Menacing and or Flourishing a Weapon even when acting in self defense just like you CAN be charged with Murder of you shoot them. It is an affirmative defense act in self defense when yourself or another is facing imminent death or serious bodily injury therefore making your violation non criminal in nature. Even if you act in self defense you could technically still end up arrested and having to go to court to prove to acted in self defense. Therefore, the moral of the story is be sure you are acting within the law before deploying your weapon. If you pull it on some guy running up to your car after a road rage incident and he's not putting you at imminent risk of SBI or death you just menaced him no matter how much he screams and how scary he is. Even him threatening to kill you is not enough to pull out your weapon unless you can prove he has the means to carry out the threat. We could go on forever with the what if situations but that covers the basics of it.
On the other hand if you do deploy your firearm in fear for your life I really don't think the bad guy is going to go call the police so he can likely get arrested for a Felony. That in mind it's still a good idea to call and report the incident ASAP just to CYA.
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