Q: In a misdemeanor menacing charge is the testimony of the witness enough evidence to convict?
Case in Colorado.
A: There are two flavors of menacing in Colorado, misdemeanor, and Felony. Both require that the Defendant place the alleged victim in fear of imminent serious bodily injury, and only becomes a felony if the defendant uses a weapon real or simulated weapon to cause fear of serious bodily injury. When you indicate in your question would the testimony of one witness be enough to convict, I assume you mean the alleged victim of the menacing charge. The standard in any criminal case, is proof beyond a reasonable doubt. If the prosecution were able to secure the alleged victim for trial and they testified to the elements of the crime of menacing, yes the prosecution would be able to present to the jury a prima facia case for Menacing. However, is that proof beyond a reasonable doubt for a jury to convict? Many other factors must be considered by a skilled criminal defense attorney, does the alleged victim's story have any corroboration? Was the witness credible? A criminal defense attorney will help you navigate this complex situation.
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