Denver Assault Lawyer
Facing allegations of a violent crime, such as an assault, poses a serious threat to your well-being, reputation, career, and relationships. This is not a charge you want to take lightly. Penalties for an assault in Denver can carry prison sentences, hefty fines, or both. If you are facing an assault charge in Denver, you need an experienced assault defense attorney who is well-versed in Coroada law for criminal offenses. It is your constitutional right to have legal representation to defend against the charges.
Don’t rely on being assigned a public defender, who is often burdened with a high workload and is unlikely to provide you with the sort of dedication and commitment needed to defend against assault charges. Instead, you should contact an attorney of your choice. You can contact us at Weber Law to consult with an experienced Denver assault lawyer.
What is Considered an Assault?
An assault is any international act that results in bodily injury to another person or causes the other person to fear an attack. The definition of an assault clearly highlights that even if there is no physical harm, if there is imminent physical harm or the threat of physical harm, the act can still be considered an assault. The law enforcement officials have the right to intervene and not wait if they feel someone is about to cause physical harm to others.
Assault and battery are separate crimes, however, a person can be charged for both crimes at the same time. The charge of battery requires a person to physically strike or harm the other person. The act of battery is a type of completed assault.
A simple assault is when there is a threat of harm or an act that causes minor injuries. An aggravated assault is when the act results in serious bodily injury or there is intent to cause serious bodily injury such as injuries caused by using a deadly weapon.
Classification of Assault Charges
A first-degree assault charge is the most serious as it involves a serious bodily injury or a threat to cause serious bodily injury This type of assault often involves the use of a deadly weapon or a threat to use a deadly weapon. First degree assault charges can lead to jail time and other serious penalties.
A slightly less severe charge is a second-degree assault charge. This charge means that the defendant has been accused of causing or threatening to cause serious physical harm. The penalties for second degree assault are less severe compared to first degree assault, however, it can still be considered a felony offense.
A third-degree assault is the least severe of all assault charges. However, if convicted of this charge, you could still face misdemeanor charges that can lead to jail time, fines, and probation. That being said, third-degree assault charges tend to carry less severe penalties.
Domestic Violence Assault Charge
According to Colorado Law, a domestic violence assault is when a victim assaults a person who is in an intimate relationship with him or her. This could be a spouse, ex-spouse, romantic partner, children, parents, or other family members. A domestic violence charge can take various forms, including emotional abuse, financial abuse, and sexual abuse. In addition to criminal offense charges, you could face restraining orders against you. Your spouse, ex-spouse, or other intimate partners could seek a restraining order to prevent you from being in close proximity or contact with them. If you have been charged with domestic violence, you can contact our domestic violence defense attorney.
Consequences of an Assault Conviction
The penalties for assault conviction depend on the severity of the crime. A first-degree assault in Denver has a mandatory minimum sentence of 10 years and could be as long as 32 years. The convicted can be liable for fines up to $750,000. A second-degree assault charge can result in a maximum of 12 years in prison and fines up to $500,000. A first-degree conviction can lead to a jail sentence of 6 to 18 months and fines of up to $5,000.
The jail time, fines, and probation are not the only consequences of an assault conviction. A convicted criminal can have a permanent criminal record, which can significantly impact their future career prospects. They might never be eligible for certain types of employment.
The convicted might also suffer a loss of certain civil rights, such as the right to own firearms. In addition, the convinced can also suffer from emotional distress, strained relationships, and financial burdens. It is not uncommon for convicted individuals to suffer from anxiety, depression, and emotional distress.
Assault Case Legal Proceedings
In most cases, assault charges lead to an arrest, where the accused is taken to a holding facility, such as jail, where they are booked. The accused have to wait in the holding facility until their bail or bond hearing. If the bail is denied, you will remain in custody until your trial.
The prosecutor will review the evidence to determine what specific charges, if any, will be filed against the accused. Your lawyer can initiate negotiation regarding a plea agreement, where you plead guilty in exchange for reduced charges or sentencing. While you have the right to take the case to trial, you should discuss all your legal options with your criminal defense attorney so you can make informed decisions. If your defense case is weak, it may be a wise decision to enter into plea negotiations with the prosecutor.
Defense Strategies to Assault Charges
Whether you choose to take the case to trial or enter into negotiations with the opposing party, you need to have a solid defense strategy for the charges. This is why you need a skilled criminal defense lawyer who has experience in similar cases and is well-versed in Colorado criminal law.
A common defense strategy is to prove that your assault charge is a result of self-defense. You have the right to defend yourself from imminent harm and you can use force if necessary to protect yourself. You also have the right to defend others who could be at risk of being harmed, and protect your property from being damaged.
In cases where you are charged with domestic violence or sexual assault, you could use consent as a defense to the charges. You will have to prove that the alleged victim gave informed and explicit consent to physical contact, and that led to accidental or unintentional physical harm or threat to the alleged victim.
Another common legal defense used for assault charges is duress where you prove that you were either forced or coerced into committing the assault. It is worth noting that whatever legal defense strategy to use, you will need solid evidence to support your claim.
Consult with a Criminal Defense Attorney
Assault charges can have severe consequences including imprisonment, criminal record, fines, and emotional distress. However, if you can defend yourself against the charges. There are several legal strategies that have been successful against these charges. To get legal representation for charges in Denver, you can contact our experienced criminal defense attorney at Weber Law. We know how to defend against all types of assault charges.