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October 2015 Archives

Entering Property of Another - Criminal Trespass and Trespassing Charges in Colorado

Sometimes, we are curious about what is behind the closed doors of others, in their back yards, or, we enter a home by mistake when drunk. We don't have any intent to steal or hurt anyone. We have seen all these scenarios occur in our Denver criminal defense law firm's twenty-five year history. This conduct can result in criminal charges for Second Degree Trespass / Trespassing in Denver and across our state.

Illegal Discharge of a Firearm or Prohibited Use of a Weapon - You Decide

Recently, we defended a man charged with both Prohibited Use of Weapons, C.R.S. 18-12-106, and Illegal Discharge of a Firearm, C.R.S. 18-12-107.5. He had accidently discharged his handgun and it went into a neighbor's house since they shared a common wall. Because these two crimes are so similar, it was clear to me that police were stacking charges. They knew no DA was going to pursue both charges in the end, but added both in an effort to get the defendant to plead guilty to one or the other, in a plea agreement. Here is how these two charges, one a felony and one a misdemeanor gun charge, stack up in comparison to one another.

Sexual Assault and Saving Face the Day After

Denver criminal defense attorneys know the drill all too well. A woman and man are drinking too much and make the poor decision to have sex. Neither is in the position to be making important choices. The next day, the woman learns that one of her friends heard of the encounter and is telling others. To save face, the woman claims it was Sexual Assault. Now the story really begins to grow, and another friend calls the police to report these allegations. It is too late for the woman to retract, and lacking character, she sticks to her lie and tells police she was raped. The man is blown away when he is arrested in Denver for Felony Sexual Assault against this woman. Read how police investigate a Sexual Assault allegation.

Unlawfully Carrying a Concealed Weapon Charges in Denver, Colorado

I still remember police officer stories from a small town I lived in, where the cops were watching a doper thug as he strolled around downtown. They were watching him to see if his large knife was concealed. The doper knew the law and the police never got him for carrying a concealed weapon. He made sure at least a part of the knife was always in view of others. The law was simple with knives, as long as part of it was visible above the pant-line, it could not be considered a concealed weapon and violate the state's Unlawfully Carrying a Concealed Weapon law.

When is Indecent Exposure, C.R.S. 18-7-302, Charged in Colorado?

On any given day, men and women in Denver are charged with Indecent Exposure for conduct which was not designed or intended to violate our laws. As criminal defense attorneys, we often hear of this crime when men are found masturbating in private and someone unexpectedly shows up to witness this conduct. We have also seen Indecent Exposure charged when someone is sunbathing in the nude, streaking, or fulfilling a dare. Each of these cases lacks the statutory requirement of intent. Intent to arouse or satisfy the sexual desire of the actor mush be present to be convicted.  Read about a real life Indecent Exposure one of our defense lawyers handled in Colorado.

The Longest Wait - Jury and Juror Deliberations in Colorado Courts

At the end of any criminal jury trial across Colorado, the defense attorney and his client have a difficult wait. They must wait for hours until the jury decides the guilt or innocence of the accused. This is a difficult period. Let's talk about what the jury does during this time so you can be prepared when your time of waiting arrives. Read about when you should request a jury trial in Colorado.

Possession of a Weapon by Previous Offender - C.R.S. 18-12-108 in Colorado

Possession of a Weapon by Previous Offender statute, C.R.S. 18-12-108, also known as POWPO, is very broad and should provide a strong reason why a person charged with a felony in Denver and Arapahoe County should consider all implications before taking a plea to a felony conviction.  Gun or firearm related convictions have more strict implications than some other crimes.

Misdemeanor Harassment Can Prevent You From Owning a Gun in Denver

We normally see the charge of Harassment, C.R.S. 18-9-111, when someone pushes another person or keeps calling them and hanging up the phone when they answer. More lately, we are seeing Harassment charges as the go-to charge when men and women have been pushing, slapping or fighting one another. Yet now, this charge is accompanied by a Domestic Violence label. Domestic Violence is typically charged in Jefferson County when any crime occurs between those who have been in an intimate relationship. The difficultly comes when this crime label prevents the person convicted from ever possessing a firearm again.

When Does Resisting Arrest Turn into Felony Assault?

Many police officers are fair minded people trying to do their job. We rarely hear of problems with them. However, many other officers are power-hungry people who insist on their way or they get violent. Hiding behind their badge, they roughhouse men and women unwilling to give them a confession. These cops are at the center of most misdemeanor Resisting Arrest charges. Unfortunately, Resisting Arrest can turn into a mandatory prison Assault in the Second Degree charge with just a quick turn of events.

Addictions and the Need for a Criminal Defense Attorney

I have been amazed at the high percentage of criminal cases which originate in an addiction.  Here are the big three addictions we see in our criminal defense law firm practice in Denver and Arapahoe County.  First, we see sex addictions, second, alcohol addictions and third, drug addictions.  These are the big three.

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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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