According to surveys, assault is the most common form of violent crime in the United States of America.
However, the concept of assault is not always as simple as it is made out to be. Some acts of aggression are carried out in self-defense or in order to protect the people around us.
Being charged with assault does not mean that you are going to spend the next few years in prison. If you or someone you know has been charged with assault, it is a smart idea to seek out the services of an assault attorney in Denver. You have the right to legal representation, and the right to be heard in a court of law.
This article outlines the various benefits of hiring a qualified criminal defense lawyer in Denver, Colorado.
Understanding the Nuances of Assault Laws in Colorado
While you might feel like representing yourself in court is a good idea, you must consider the fact that even the most experienced lawyers do not represent themselves in . I have represented a number of attorneys in simple traffic matters and up to complex assault cases.
The reason behind this is – the law is extremely nuanced and complicated. Most lawyers choose to specialize in a single field of law, rather than in multiple areas. Additionally, laws also vary from state to state.
In Colorado, assault involves intentionally or recklessly inflicting harm on another person. However, there are several variables that determine the severity of your punishment.
- Whether or not you used a deadly weapon
- Your state of mind
- The injuries
Accordingly, you can be charged with one of three types of assault.
First-degree assault includes intentionally causing serious injury with the use of a weapon. Here, assault is a felony, punishable by a minimum mandatory ten years and up to thirty-two years imprisonment and up to $750,000 in fines.
Second-degree assault, a Class 4 felony. There are several different ways to commit assault in the second degree that depends on seriousness of injury use of weapons and degree of intent. Here, assault is a felony, punishable by up to a minimum of mandatory five years and sixteen years in prison and up to $500,000 in fines.
Third-degree assault is a class one misdemeanor. Assault in the third degree is committed by knowingly and recklessly causing bodily injury-pain to another person or by causing injury to another person without the use of a weapon. This type of assault is regarded as a misdemeanor punishable by up to twenty four months of imprisonment and $5000 in fines.
Building a Strong Defense
Depending on the types of assault charges you have against you and the circumstances surrounding your actions or lack, thereof, your assault attorney will be able to craft a good legal defense for your case.
Here are a few common defenses against assault charges in Denver:
- An act of self-defense
- Defense of one’s property
- A perceived threat to self or others around you
- Defense of family or people around you
- Accidental harm, or injury
- False accusations
There are several variables that influence our actions, and it isn’t necessary that all acts of aggression amount to an assault. A good criminal defense attorney in Denver will be able to help you craft a strong, credible defense that aligns with the unique circumstances and considerations of your particular case.
The Art of Negotiation
Now, as described above, the law views assault on a spectrum, ranging from third degree assault, a misdemeanor, to first-degree assault a serious felony. Under particularly damning circumstances, and against clear-cut evidence from the prosecution, one might not be able to make the case of self-defense or any of the other remedies available to them.
However, a good attorney will be able to negotiate on your behalf to reduce your sentence or exchange your charges for a lesser crime. This is a plea bargain.
Often, it is the best course of action for someone who otherwise had no defense against the crimes they are charged with.
Do remember that when you are charged with a crime, you will be up against the legal representatives of the other party, or in this case, the state prosecution. It only makes sense, to hire your own assault attorney from Denver, as this evens out the playing field in court.
A good lawyer will be equipped to challenge the prosecution’s evidence in court. The burden of proof in criminal cases is always on the prosecution, and calling into question the validity of evidence is a skill that is invaluable to your case. All evidence must be evaluated on the basis of:
Keep in mind that in order to get convicted, the prosecution must prove beyond a reasonable doubt that you are guilty. Through the process of cross-examination of witnesses, and impeaching evidence, your attorney can help create reasonable doubt as to your guilt.
Putting Your Rights and Interests First
It is the obligation of every lawyer to put your rights and your interests first. Having an attorney by your side will protect you against the prosecution or any police officials misusing their power against you.
With a good lawyer, you can challenge any unconstitutional acts by the police, prosecutor and judge.
Finding a Qualified Assault Attorney in Denver
Having a qualified assault attorney by your side can save you a lot of time, money, and stress in court. The perks of legal representation, include protecting your rights, challenging prosecution and police claims, and presenting mitigating evidence.
Assault charges can be damaging to your reputation, career, and future prospects. If you or someone you know is facing assault charges, we encourage you to seek out the services of a qualified assault attorney in Denver.
At Philip Smith Law, we specialize in criminal defense law in Denver, Colorado. Get in touch with me to get a free and confidential consultation today!