Your Assault Defense Lawyer Is The Only Thing Standing Between You And a Conviction
You will need a solid and aggressive assault defense if you face these serious criminal charges in Colorado Springs. Colorado law and El Paso County prosecutors take assault charges with the utmost seriousness due to the violent nature of the offense. Even if you didn’t mean to cause the actual physical injuries that resulted from your actions, if you recklessly or knowingly inflicted bodily harm on a person, you can be convicted of assault. And the only thing standing between you and the severe penalties that follow a guilty verdict is your assault defense attorney.
There is no exaggeration to say that your criminal defense lawyer holds your future in their hands when you face assault charges. Your attorney’s talent, skill, and commitment can mean the difference between an ordeal you can put behind you with minimal consequences or a conviction that could upend your life for years.
That is why your choice of hiring an El Paso County assault defense attorney is the most critical decision you can make while your charges are pending. Your lawyer will understand Colorado assault laws as well as the unique defenses that may be available based on the circumstances of your case.
Once you choose the right ally and advocate to defend you, here is what you can expect from your criminal defense attorney during the process.
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Understanding and Explaining The Charges You Face
Building an effective assault defense starts with understanding precisely what prosecutors have charged you with. Your attorney will also want you to understand the charges and will likely explain the offense’s essential elements.
According to Colorado Revised Statute § 18-3-20, Colorado interprets assault as knowingly causing physical damage to a person’s body. Colorado prosecutors can bring assault charges either as a felony or a misdemeanor. The nature of the assault, the intent, and the severity of injury caused by the assault will determine the seriousness of the charges. the potential consequences upon conviction.
In accordance with Colorado Revised Statute 18-3-204, Assault in the Third Degree is the most common and least severe assault charge. Third Degree Assault is ruled a class 1 misdemeanor in Colorado. Third Degree Assault is the most likely charge you would face if you caused bodily injury to another person or negligently caused injury to another using a deadly weapon.
Second Degree Assault intends to cause bodily harm to a person. Second Degree Assault can be a less serious offense if committed in a sudden heat of passion. However, a Second Degree Assault charge may result in more severe penalties if the assault:
- Occurred during the commission of serious felony offenses
- Involved the use of a weapon
- Created the risk of death or resulted in bodily injury or
- Involved threatening a peace officer or first responder with a deadly weapon with the intent of causing serious bodily injury.
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Investigation and Case Analysis
In addition to the legal elements of assault, your Colorado Springs criminal defense lawyer will want to know every potentially relevant fact relating to the alleged incident. In addition to getting your side of the story, they will gather evidence, identify and interview witnesses, and scrutinize police reports to identify any factual inconsistencies or irregularities. These details can be critical to developing your defense strategy and may even hold the key to dismissing the charges.
Building a Defense Strategy
Crafting a robust assault defense strategy is your defense attorney’s cornerstone. There are several legally recognized defenses to assault charges that could result in an acquittal.
One of the most common and well-known defenses to assault charges in Colorado Springs is self-defense. You may be able to beat assault charges if you can prove you took the actions leading to your charges because you were protecting yourself. You may also prove that you were protecting someone else from physical harm by another person.
The law also acknowledges that some provocations are so extreme that they can cause a person to lose their faculties and act without forethought. An often-used, classic example is finding a spouse in an act of infidelity and attacking one or both of the individuals involved.
There are several other potential defense strategies that may lead to dismissal or reduction of the assault charges, including:
- You are not the party who committed the assault
- You did not cause any injury
- The injuries you caused were not “serious bodily injuries.”
- You did not intend to cause injury
- You did not use a deadly weapon
- Any contact with the other party was accidental or unintentional
- You did not know that the other person was a peace officer or first responder engaged in their duties.
Challenging Prosecutors’ Evidence
El Paso County prosecutors bear the responsibility of proving, beyond reasonable doubt, that you committed the crime of assault. Your attorney’s job, among other things, is to create that reasonable doubt. They will attempt to do so by attacking the credibility of the prosecution’s witnesses, challenging the reliability or admissibility of their evidence, and identifying other flaws in their case.
Negotiating Plea Bargains
Depending on the facts and evidence in your case, your assault defense lawyer may recommend negotiating with the prosecution to reach a favorable plea bargain. If you accept a plea bargain, you may agree to plead guilty to a lesser charge or accept a more lenient sentence to avoid a trial.
Trial Advocacy
If your case proceeds to trial, your defense lawyer will use their advocacy skills and courtroom experience to poke holes in the prosecution’s case and make powerful arguments to the judge that you are not guilty of assault.
The most critical part of your legal defense for assault charges is having an experienced and tenacious assault defense attorney on your side.
Contact the Colorado Springs Assault Defense Attorneys at Perkins Law Today For Your Free Consultation
Criminal assault charges in Colorado are of great consequence to those charged. You shouldn’t face these charges alone. The Colorado Springs criminal defense attorneys at Perkins Law can develop the crucial defense strategy most likely to obtain a positive result. Your attorney will be key in asserting defenses that can reduce or dismiss your charges.
Don’t wait another second. Contact the attorneys at Perkins Law for your free initial consultation to discuss your Colorado assault charges.
