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Denver Medical Expert Witness & Serious Bodily Injury

super-witness-omalley-site.jpgWhether we need help at trial from a jeweler, a lawnmower repair technician, or a medical doctor, an expert witness can offer valuable information to a jury to help prove your innocence. In many of our criminal trials, we use an expert witness to testify concerning a central issue. The issue of Serious Bodily Injury ("SBI") often requires us to turn to a medical doctor or physician in Jefferson, Arapahoe and Douglas County.

The Definition of Serious Bodily Injury

Serious Bodily Injury is defined as, "bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree."

This definition is critical, because in cases involving Sexual Assault, C.R.S. 18-3-402, Assault, C.R.S. 18-3-202, and other Adams and Denver County crimes, the issue of a threat of Serious Bodily Injury, or actual Serious Bodily Injury, can greatly increase the seriousness of the penalty for the related crime. In situations where SBI is an element of a crime, we turn to an expert medical witness like a physician, dentist or nurse.

How a Medical Expert Witness Can be Useful

Medical experts can be expensive to retain, but their assistance can be the difference between a misdemeanor offense or a felony charge. They can be essential to getting a bond reduced or a case dismissed. Imagine the impact of a doctor witness looking at medical records of an alleged victim, and rendering an opinion that the defendant (accused person) did not cause the serious bodily injury. The doctor could provide an opinion in writing that the "fracture" or "break" occurred prior to the alleged crime, and could not have resulted from our client's conduct.

We once used a medical doctor in Littleton to give an expert opinion to a jury that a woman babysitter and daycare owner did not slap a child in the face, causing the child's bruising injury. With the physician witness, we were able to illustrate to the jury that a baby rattle, used by another child, caused the mark on the baby's forehead. The doctor had instant credibility with the jury - almost like a super witness. Juries give great credibility to medical experts. For some reason, we trust these well-educated medical providers, who are usually in our lives to make us feel better.  In this Denver trial, our client was acquitted.

We have an extensive network of medical experts in Mesa County, Park County, and across Colorado to consult and testify in criminal matters. If you are contacted by police, be smart, exercise your right to remain silent, and call our lawyers at 303-731-0719 today. Together, we can protect your future.

Image courtesy of stockimages / FreeDigitalPhotos.net 

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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.

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