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Self Defense for Assault, Harassment and Menacing

| Nov 12, 2011 | Defense |

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.