Assault Defense Attorneys Providing Strategic Defense Across The Denver Metro Area

Assault charges in Denver and Arapahoe County can range from a misdemeanor charge to a felony charge. When pushing, shoving, slapping or hitting are involved, you’re usually facing a misdemeanor. If a person is seriously injured, such as with scarring, a broken or fractured bone or a broken tooth, it will be charged as a felony in Colorado.

When a gun, knife, weapon or any other firearm is involved, it will be charged as a felony as well. Good people like you can face mandatory prison and need an assault defense lawyer passionate about protecting your future. 

Assault Of A Police Officer Can Result In Severe Consequences

If your assault is against a police officer in Denver or anywhere in the metro area, even with otherwise misdemeanor conduct, mandatory jail or prison time is on the table. This will be charged as assault in the second degree (second-degree assault). Lawmakers give cops a heightened victim status – something ordinary citizens don’t get.

Understanding Domestic Violence Enhanced Assault Charges In Denver

The involvement of an intimate partner will require domestic violence treatment and sentencing in Denver and surrounding counties. This begins with a protection order, an order to relinquish firearms and ammunition, and a no-contact protection order for the alleged victim. At sentencing, the court will require a domestic violence evaluation and treatment in Colorado’s standardized DV program. These domestic violence enhancements can significantly complicate your case and require customized defense strategies.

Actions That May Constitute Assault

The most common assaults in Denver and surrounding communities are charged as assault in the third degree, a Class 1 misdemeanor. They normally arise from hitting, pushing or slapping during an argument between romantic partners.

The next most common is charged as assault in the second degree, due to a more serious injury resulting from something like a bar fight in downtown Denver or LoDo. Even if someone did not intend to cause serious bodily injury, the presence of a fracture or broken tooth greatly increases the stakes and results in a possible prison sentence. When an intent to cause serious bodily injury exists, you will normally see the most serious assault charge: assault in the first degree.

Clarifying What Self-Defense Means Under Colorado Law

Here is how self-defense works: Imagine that your girlfriend is being grabbed by a drunk patron at a Denver bar. You pull him off of her, and he takes a swing at you. When you hit him back and chip his tooth, police arrest you for second-degree assault.

You can claim that you were defending both your girlfriend and yourself. There is a law in Colorado that states that reasonable physical force is acceptable if you are defending yourself or someone else.

The jury would make the ultimate determination of whether you can apply this defense to your circumstances. District attorneys don’t care if you have what appears to be a good self-defense argument. They will still take you to trial, hoping for a win.

A Guide On Colorado’s Assault Classifications

In Colorado, there are several types of assault charges that are most common. Each carries different penalties and requires specific defense approaches:

• First-degree assault (C.R.S. 18-3-202): This Class 3 felony includes causing serious bodily injury with a deadly weapon, causing permanent disfigurement or acting with extreme indifference to human life. Penalties include 10 to 32 years in prison and fines up to $750,000. It carries mandatory prison time with limited possibility for probation.
• Second-degree assault (C.R.S. 18-3-203): This Class 4 felony covers intentionally causing injury with a deadly weapon, recklessly causing serious bodily injury or assaulting first responders. Penalties include five to 16 years imprisonment and fines up to $500,000. Cases involving peace officers trigger enhanced sentencing, even for otherwise minor injuries.
• Third-degree assault (C.R.S. 18-3-204): This Class 1 misdemeanor involves knowingly or recklessly causing bodily injury, as well as negligently causing injury with a deadly weapon. As Denver’s most common assault charge, it carries up to 18 months in county jail and fines up to $1,000. When charged with domestic violence, mandatory treatment programs apply.
• Vehicular assault (C.R.S. 18-3-205): This charge applies when driving recklessly or under the influence causes serious injury. As a Class 4 felony (DUI cases) or Class 5 felony (reckless driving), penalties can include up to six years imprisonment and substantial fines. Cases often include driver’s license revocation and mandatory restitution to victims.

In order to convict you of assault, the district attorney must prove several important elements. These include whether you caused bodily injury to another person intentionally or knowingly.

“Bodily injury” is a vague term that is often defined as simply pain. You need to work with an experienced criminal lawyer who has worked on many assault cases and can strategize to dismiss your case before it even goes to trial.

Critical Steps To Take When Facing Assault Charges

If you have been charged with assault in Denver or any surrounding community, do not speak with the police about your case. You are not required by law to give them a statement, and you can’t talk them out of charging you. It may be wise to exercise your constitutional right to remain silent.

An Assault Charge May Come With Other Criminal Charges

It’s common for an assault charge to come with other criminal charges such as:

• Harassment
• Domestic violence
• Burglary 
• Menacing

Don’t feel discouraged by this overwhelming list of offenses. Even though the government knows they can’t prove a particular charge beyond a reasonable doubt, they include the offense in a long list of serious crimes to scare you into accepting a plea deal. We can spot these “add-on” offenses and pinpoint relevant defenses.

What Makes Our Colorado Defense Lawyers Different

Here at Sawyer Legal Group, LLC, our criminal defense lawyers are different:

• We don’t use “lawyer speak.” We use plain English to tell you what to expect, how we will defend you and whether a trial or a plea bargain is best.
• We have worked on hundreds of assault cases throughout Colorado, and we have worked many times with the deputy district attorneys in most counties.
• We often travel personally to the crime scene and investigate it for ourselves. We don’t just read the police report and believe it.
• We personally interview many witnesses to gain perspective.

You owe it to yourself to work with an experienced criminal defense attorney who will diligently and compassionately work for your defense. We practice 100% criminal law, and we will fight for your freedom.

Your Future Is Worth Fighting For: Contact Us Today

Contact us to speak directly with an attorney (not a paralegal) about your case. Our dedicated assault defense attorneys provide immediate guidance on protecting your rights and developing a strategic defense. Call us at 303-731-0719 or message us through our contact page to schedule a consultation.