Can I be charged for menacing if I make someone leave my property? 37 Answers as of January 16, 2012

Clearly you can be charged because you were charged. Welcome to the world of criminal justice in America: the first person to call the police is the victim, the second is the defendant. Just the way it works.

It sounds like this person was trespassing on your property. You have every right to make that person leave and to protect your property. The fact that he came onto your property and was threatening you with a gun and damaged your car, gives you even more justification. I find it hard to believe that the police did not arrest him, for reason that based upon your statement, I could see that person being charged with multiple criminal offenses. However, the fact that you are the one with the warrant, causes me to believe that perhaps there is more to your story. I suggest that you consult with an attorney so that he/she can review with you ALL of the facts.

First of all, the aggressor cannot get a warrant for you. Only a prosecutor can get that. Secondly, did you point the gun at the aggressor after you took it away from him? If so, you may be lucky to get off with a menacing charge. Pointing a gun at an unarmed person is Assault 2, a serious violent felony. You need to find out the name of the investigating officer, hire an attorney and go meet with the officer to inform the officer of your side of the story. Make sure that your attorney does the talking. While the occupier of land may use reasonable force to eject a trespasser, that force is minimal at best. The better approach would have been to take the gun away and get inside your home. Call the police and report the event and wait for them to arrive. At this point, you are behind the eight ball and you should take your attorney to the gun if you can find it. Your attorney should have the cop meet him there. Whatever you do, don't do anything with the gun. It's terrible that there may be a loaded gun out in the woods so get a lawyer and get the cops out there ASAP.

There is a difference in whether someone can get a warrant for you and whether you can be convicted. From what you tell me I do not feel that this rises to the level of a menancing. I'm certain that the purported victim may tell a different story in court and it may be your word against his. The magistrate's office normally does not allow cross warrants to be filed so the first to make a report and sign a warrant oftentimes protects themself from being charged, arrested or convicted.

Under Minnesota law, there is no such charge as menacing. However, threats of physical harm can rise to the level of terroristic threats in some cases. That would require a serious threat of physical harm. You may also be charged with "assault, for conduct defined as assaulting another with a dangerous weapon which would include conduct that is defined as menacing.

One is generally allowed to use reasonable force to eject a trespasser, but this can change from state to state. Your action against this trespasser sounds within reason. It is unlikely a magistrate would find probable cause to support going forward with criminal charges against you, let alone issuing an arrest warrant. You may wish to retain a criminal defense attorney to deal with and dispose of whatever charges the trespasser filed. You can certainly go to the police or to a magistrate and swear out a complaint against him for assault with a deadly weapon, malicious destruction of property, disorderly conduct, public intoxication, and criminal trespass.

You would have a good defense case based on your recitation of facts. This does not mean that you cannot be "charged". If the prosecuting authorities choose to believe his version of the facts, you might well be charged. You must then defend. The state has the burden of proving its case beyond a reasonable doubt before it can obtain a conviction.

You can be charged with anything the police and the DA want to charge you with. It doesn't mean they are right of you will be convicted. Based on the facts you relate something isn't right. You need to get a good attorney who specializes in criminal law to straighten it out.

The word "menacing" does not appear in the Minnesota Criminal Statutes... Please clarify your request with the statute cited in the warrant.

Under the circumstances as you describe them, I don't see where you committed a crime. You say he was brandishing a gun at you on your own property, plus he was trespassing. The only crimes I see here were committed by him.

This question makes no sense! There is no law against menacing. Further, damage to a vehicle on your property would be consider malicious destruction of property over $100.00, a felony.

It depends on what you did to make him "leave (your) property." While there is no crime of "menacing" there are crimes like "criminal threats" and "exhibiting a weapon in a rude, angry, or threatening manner," etc. which could be involved. You may be prosecuted under various criminal codes when you use physical force on others, i.e., you say you took the gun away from him (how exactly did you do that & with what force?), and did you restrain him from going to get or find the gun? Thus, it is not so simple and justifiable to use self-help to remove a person even when you perceive him as undesirable.

You probably have a valid defense to menacing.

You can file charges for aggravated assault and trespassing.

Based on what facts you have provided you should be in the clear. You did what you were entitled to do, which was to resist a trespasser. I would be very surprised, again on the facts as stated, if the DA were to charge you with anything. What happened to the gun in the woods? Do you recover it and give it to the police as evidence that the complaining 'victim' was in fact armed?

Menacing??? Do you mean criminal [AKA terrorist] threats? Within reason, one may use that force necessary to remove a person from their property.

First of all, anyone can be charged with any crime. The more important question is can the prosecutor obtain a conviction. This brings me to the next issue, he did not get a warrant against you. He made a report that caused law enforcement to ask a judge for a warrant. The judge then must have been convinced by what law enforcement reported that probable cause existed. I don't know if there were other witnesses who lied to police or what exactly was reported to law enforcement. You should contact a criminal defense lawyer to discuss your case as soon as you can.

There is no crime of menacing in Minnesota. There is a lot of missing information that is needed to answer your question. Your best move is to gather your paperwork and find a criminal defense attorney, like myself. Most of us offer free initial consultations. From there we can help you through the process and explain your situation. Please feel free to contact me if you have any questions or concerns.

You can be arrested for any crime that the police believe occurred if a witness signs a supporting deposition under penalty of perjury and the judge signs the arrest warrant. People can say that you robbed them, raped them, menaced them, or assaulted them. You will be arrested and arraigned before a criminal court judge. You will be assigned an attorney or you can retain one and it is always better to retain a good criminal lawyer to investigate the matter. If you took away the gun it should have his prints on it. That will prove he possessed the gun. You may be able to trace the gun to him by the serial number. There could be surveillance video or witnesses in certain cases. As far as having him arrested the police do not like to arrest the complainant since it may be a vindictive retaliation and they don't want their "victim/witness" charged with a "cross complaint". I do not know if you are telling the truth but if a person came on your property with a gun and you "threw it into the woods" then you should have called the police in the first place. You should never have left the gun in the woods for some kids or a criminal to find, that was foolish and casts doubts on your version of the events. People often change the facts to suit themselves so I have no way of knowing what happened unless I interviewed the complainant and did a full investigation of the facts and circumstances.

You can be charged with very little evidence or lies, but that does not mean you are guilty. on these facts, you are not guilty. It sounds like the intruder is guilty of menacing. about 2 years ago, i successfully defended a man standing on his own porch, with a gun, telling a census worker to leave his property - not guilty.Get a lawyer - public defender if you cannot afford a private attorney.

He is absolutely crazy and the warrant is bogus. He's lucky you didn't shoot him. If someone threatens your life with a gun, you are absolutely allowed to respond back with a gun. Your property is your property. You can't be a menace on your own property. And menacing isn't even a real crime.

Of course you cannot be charged given the facts that you have presented. I am certain the "victim" provided a different set of facts to the police and/or Magistrate, while the truth probably lies somewhere else still.

It sounds to me like you are the victim, and that if anyone should be charged, it would be the trespasser. You have a right to defend your property and eject trespassers. If you are charged with criminal charges, a good lawyer should be able to help you get that case dismissed.

Can someone be charged with a crime based on mere allegations, yes. Can the State obtain a conviction? That is an entirely different story and as always depends on the particular facts of the incident. If you have been charged you should seek counsel immediately so he/she can review the circumstances and the related reports, and then advise you of the options etc.

I am not sure what "menacing" is or why you would believe a drunk fool saying he has a warrant. Next time call the police. For now I wouldn't worry about it. If you are worried, then call the police and find out if there is an active warrant.

This is nuts. When you go to court on the warrant just explain this to the DA or the Judge. That will be the end of it.

Get a lawyer before you talk to the wrong people and incriminate yourself. Remember law enforcement are experts at twisting your words around, so it is always a bad idea to speak to anyone except your retained lawyer.