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Posts tagged "Affirmative Defenses"

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

Who is Likely to Abuse the Possession of Weapons in Adams County?

The Possession of a Weapon by Previous Offender statute (C.R.S. 18-12-108) is designed to keep guns and other weapons out of the hands of people who are likely to abuse such possession. When Colorado law makers try to accomplish a goal like keeping weapons out of the hands of people who may abuse them, they cast a very large net. Therefore, instead of looking at whether a person ever used a weapon in the commission of a crime, they find it easier to pretend all convicted felons are dangerous and should never have possession of a weapon in Adams County or anywhere in Colorado. It does not matter if the offense was 30 years ago or if it was a non-violent crime, if you have a felony record you will never be permitted to hunt with a firearm in Colorado.

Affirmative Defense in a Criminal Case - What is This Denver Criminal Lawyer Defense?

Affirmative-Defense.jpgSelf Defense is an Affirmative Defense in Jefferson County

In many cases, the accused can say yes, I committed the crime, but I had a legal justification for what I did. A good example to start with is the defense lawyer's affirmative defense of Self Defense or Defense of Another Person, located at C.R.S. 18-1-704. This Jefferson County affirmative defense says that although you admit doing what you did, it was to protect you or another person from harm. If successful, this defense can completely defeat any criminal liability when a person is accused of a crime. Society has decided that we can defend ourselves and the welfare of others from what we reasonably believe to be the unlawful application of force by another.  Read about the Affirmative Defense of Insanity.

Self Defense vs. Stand Your Ground in Colorado?

Recent cases in Florida including the George Zimmerman trial and the case of Marissa Alexander have led to questions regarding whether the laws are similar in Colorado. While Colorado does not have a "stand your ground law," Colorado law imposes no duty to retreat in order to use self defense against Assault or Murder charges. Essentially, this means that a person who is not the initial aggressor, does not need to try to escape before using force.

Entrapment in Colorado, an Affirmative Defense?

Colorado Entrapment, is an affirmative defense which essentially says the government has encouraged or procured your violation of the law to such an extent that you would not have done so without their procurement.  Affirmative defenses essentially say, "yes, I've committed the crime, but I have a legal trump to the charges" against me in Denver, Jefferson County or Douglas County.

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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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