Assault is a violent crime that can carry serious consequences in Colorado. In addition to the penalties that the courts might impose, defendants have to consider how a violent criminal record could affect their lives in the future.
People may lose out on employment opportunities. They may not be able to rent the best houses or attend specific, prestigious educational institutions. Violent criminal convictions could even prevent a parent from volunteering at their child’s school.
Those accused of assault often want to defend against the charges that they face. Mounting a self-defense claim is sometimes a viable criminal defense strategy. When can assault defendants claim that they acted in self-defense?
Colorado Has Robust Self-Defense Laws
Generally speaking, individuals in Colorado have the right to use physical force to protect themselves, other people and their homes from imminent physical injury and criminal activity. Depending on the situation, people can use even lethal force if necessary to avoid injury or criminal activity.
Unlike many other states, Colorado does not impose a duty to retreat before acting in self-defense. The state has a stand-your-ground law that allows people to use physical force to defend themselves in their own homes or other locations where they have the legal right to be. Provided that the person accused of assault did not initiate the altercation and was not in the act of breaking the law when the incident occurred, they may be able to defend against their charges by claiming they acted in self-defense.
Typically, a self-defense strategy requires circumstances that other people recognize as threatening. An attorney has to convince the courts that other reasonable adults would also fear for their safety in the situation.
In some cases, the case may hinge on whether the amount of force used was appropriate given the level of threat. Other times, there may be questions about who threw the first punch or escalated the situation into physical violence. With the right development and supporting evidence, a self-defense claim can be a workable strategy for an individual accused of assault.
Learning more about state law and looking over the prosecution’s evidence can help defendants determine whether claims of self-defense might help them avoid an assault conviction. Defendants who have support as they develop defense strategies may have an easier time fighting their pending charges.