O'Malley Law Office, P.C. Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351

Blog

Self Defense for Assault, Harassment and Menacing

Self defense for Assault, Harassment and Menacing charges in Denver, Arapahoe, Jefferson, Adams, and Douglas County is often overlooked or misunderstood in Colorado. Lawyers miss the value of this Affirmative Defense and miss a chance to win their case.  Criminal Defense Attorneys forget that their are many affirmative defenses like Self Defense which can greatly increase the burden of proof imposed upon the District Attorney.

C.R.S. 18-1-704 describes the affirmative defense of Self Defense in Colorado.  The statute provides that you can use physical force upon another person in order to defend yourself or another from the use or imminent use of unlawful physical force by another.  You can only use reasonable force in your defense.

This definition means that you don't have to wait until you are hit by another before you protect yourself in Castle Rock, Golden or Brighton. If a person is in your face and about to hit you, you can push them away or hit them. It is always best to start with the least aggressive use of force first and see if that works. You can never use deadly force as Self Defense against another unless lesser force doesn't make sense and you or another are in imminent danger of being killed or seriously injured.

We frequently see Self Defense under C.R.S. 18-1-704, used successfully in cases where our clients are charged with assault, harassment or menacing.  As your attorney, we advance this defense to protect you at trial, and make a case that the use or threat of use of force upon the "victim" was reasonable and excusable under the law.  It is critical that our clients / defendants not give statements to police about the case, or the police will ask questions which defeat the expected use of this affirmative defense. Police are not looking to help the accused defend themselves and will try to get evidence to help the District Attorney (DA) win the case at trial.

If you have been contacted by police regarding an Assault, Harassment, or Menacing charge, be smart, exercise your right to remain silent, and call us today at 303-731-0719.  Together, we can protect your future.

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!

GET HELP NOW!

Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

FindLaw Network

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.