Assault Defense Attorney for Denver Area
Assault and Bodily Injury
An assault on another person must be a physical attack causing harm to another person or persons to be a criminal offense. Causing bodily injury can be as little as pain. “Serious bodily injury” has a specific definition that requires a broken bone, usually a nose or broken teeth, disfigurement, or loss of use or impairment of a part of the body. Medical issues and evidence are important to resolving these cases, especially if there is a dispute as to the seriousness of the injury.
The prosecutor and court work vigorously to protect this alleged victim. Therefore, it is imperative to consult an experienced criminal attorney who is skilled in defending you and advocating for your rights.
Philip M. Smith • Attorney • Denver, Colorado Assault Lawyer
Free Consultations • Call (303) 333-8900 • Email
Assault charges are rarely clear cut. Police and complaining witnesses have a way of leaving out important information when making their reports. Do not make any statements to anyone including law enforcement without proper, qualified legal representation present.
Assault Laws and Penalties
Colorado has strict laws and penalties regarding assault and sexual assault charges. The following is a summary.
- 3rd Degree Assault: Third Degree Assault is a Class One (M1) Misdemeanor charge that requires only proof that pain was inflicted. An assault in the 3rd degree conviction could result in up to 2 years in jail.
- 2nd Degree Assault: Second Degree Assault is a Class Four (F4) Felony and is committed by knowingly causing serious bodily injury or causing bodily injury (pain) with a deadly weapon. Another type of 2nd degree assault requires proof that the individual intended to cause bodily injury. Assault in the second degree carries a mandatory prison sentence of 5 to 16 years in prison.
- 1st Degree Assault: This is a Class Three (F3) Felony. There are several ways this offense can be committed. Most involve intending to cause serious bodily injury and deadly weapons. Assault in the first degree carries a mandatory prison sentence of 10 to 32 years in prison.
- Sexual Assault and Sexual Contact: A conviction of sexual assault carries a lifetime probation or prison sentence. Although lower levels of other sexual behavior related acts can result in lesser sentences, the future impact of any conviction is long lasting. Some less serious sexual behavior related offenses do not have indeterminate lifetime sentences.
What Is Considered Bodily Injury?
Bodily injury is defined as being as little as pain. “Serious bodily injury” has a specific definition that requires a broken bone, usually a nose or broken teeth, disfigurement, or loss of use or impairment of a part of the body. Medical issues and evidence are important to resolving these cases, especially if there is a dispute as to the seriousness of the injury. Another word of caution, make NO statements to anyone without your lawyer.
DOMESTIC VIOLENCE AND ASSAULT
Domestic Violence is not a criminal charge but rather a sentence enhancer that, if convicted of an underlying offense, would make your life very difficult. Landlords and employers see only the black and white of a background check with an assault/domestic violence conviction. Finding decent housing that will allow a person convicted of domestic violence is nearly impossible. Employers will choose a candidate with a clean record. Along with the consequence of a assault/domestic violence is receiving a Temporary Protection Order. A TPO will prevent you from talking, seeing the victim or possibly your children. Be aware that the victim may try to violate the protection order by contacting you or calling and texting. Protect yourself and avoid all contact with the victim. Call today if you have questions about a assault.
Landlords and employers see only the black and white of a background check with an assault/domestic violence conviction. Finding decent housing that will allow a person convicted of domestic violence is nearly impossible. Employers will choose a candidate with a clean record. Along with the consequence of a assault/domestic violence is receiving a Temporary Protection Order. A TPO will prevent you from talking, seeing the victim or possibly your children. Be aware that the victim may try to violate the protection order by contacting you or calling and texting. Protect yourself and avoid all contact with the victim. Call today if you have questions about a assault.
Colorado Assault and Sexual Assault Defense Lawyer
As an experienced assault attorney, I work to diminish the impact of bodily injury allegations, question the credibility of witnesses or the injured individual, establish defense strategies, such as self defense, and work to effectively achieve the most favorable result possible for my client. I often, when necessary, have private investigators follow up on the police report, find and interview additional witnesses. We always have to be aware of any witnesses or victim’s motives for not telling the full story. Security cameras at the location may or may not be reliable or even operable.
Questions?
Call my office today for a free confidential consultation
Denver Attorney Philip M. Smith
303-333-8900
Impact of an Assault Charge and Conviction
Assault charges are often associated with Domestic Violence. If you have been charged with Domestic Violence you may also have received a Temporary Protection Order with a variety of restrictions. For your own protection, you must adhere to those restrictions and be aware the “victim” may attempt to violate that order in retaliation. Landlords and employers will not risk their own liability by renting or hiring a person who they see as a risk of them being sued because of your charge or conviction for assault. It is important to fully explore the facts and law before pleading guilty to an assault or going to trial on such a serious charge.
I get calls every day from people who have plead guilty to an assault charge and now cannot get an apartment or job because it shows up on a criminal background check. It doesn’t matter what the story is behind the conviction, it simply reads trouble on paper. Let me help you fight this charge and get the best possible resolution to your situation. I have over 32 years in criminal justice as a Navy Jag, district attorney, judge and private criminal defense counsel, you can be confident with my ability as your advocate.
Contact My Denver Law Office
If you need a criminal defense lawyer to fight an assault criminal charge, or if you have questions about criminal charges and sentencing, I encourage you to contact me, Denver Assault Attorney Philip M. Smith, 303-333-8900 today for a free and confidential initial consultation.
