What Is The Best Legal Defense For Assault In Colorado?

On September 28, 2020

If You Intentionally Hurt Someone In Colorado, You Face Serious Pain Yourself

You will need a strong and aggressive legal defense for assault if Colorado Springs prosecutors pursue charges against you for this extremely serious crime. You will face assault charges if you intentionally injure another person in Colorado, even if you did not intend to cause the physical harm that resulted from the assault.

Depending on the nature of the injuries, whether you used a weapon, or whether the person you assaulted receives special protection under the law, you could face significant time behind bars and other long-term consequences. For these reasons, you need a strong legal defense for assault recognized by Colorado law.

The most crucial element of your legal defense for assault is having an experienced and tenacious assault defense attorney on your side. Your lawyer will understand the law that applies to assault in Colorado, as well as the specific defenses that may be available based on the circumstances of your case.

What Is Assault In Colorado?

Colorado law defines assault as recklessly or knowingly causing physical damage to a person’s body, also known as bodily injury. Prosecutors can bring assault charges either as a felony or a misdemeanor. The nature of the assault, the intent behind it, and the degree of harm and injury caused by the assault will determine the seriousness of the charges and the potential consequences upon conviction.

Assault in the Third Degree is the most common and least serious Colorado assault charge. Third Degree Assault is a Colorado class 1 misdemeanor. It is the charge you would most likely face if you either knowingly or recklessly caused bodily injury to another person or negligently caused bodily injury to another using a deadly weapon.

Second Degree Assault is an assault that generally causes or intends to cause bodily harm to a person. It is a less serious offense if committed upon a sudden heat of passion. However, this charge can result in much more severe penalties when the assault:

Occurred during the commission of, or flight from, certain serious felony offenses;
Involved the use of a weapon and caused the serious bodily injury;
Created a grave risk of death and resulted in injury; or
Involved threatening a police officer or firefighter with a deadly weapon with the intent of causing serious bodily injury.

Related: How Do I File a Criminal Case Against My Spouse in Colorado

Self-Defense Is A Common Legal Defense For Assault

One of the most common and well-known legal defenses to assault is self-defense. You may be able to defeat assault charges or have them reduced if you can prove that you took the actions that led to your charges because you were protecting yourself or someone else from physical harm by another person. The use of deadly force is only allowed if it appeared that the attacker was about to cause serious bodily injury, assault, kidnap, or sexually assault you or the other individual you were defending.

“Sudden Heat Of Passion” as a Legal Defense For Assault

Colorado law acknowledges that some provocations are so extreme that it can cause a person to lose their faculties and act suddenly and without forethought. The classic example is finding a spouse in an act of infidelity and immediately attacking one or both of the individuals involved.

While sudden heat of passion as a defense may not result in the dismissal of charges, it can play a significant role in reducing assault charges to a lesser offense with less harsh consequences.

Other Legal Defenses For Assault Charges That Your Lawyer Can Assert On Your Behalf

There are several other potential defenses available that could lead to the dismissal or reduction of assault charges, including:

You are not the person who committed the assault
No injuries were incurred
The injuries sustained were not “serious bodily injury”
The injuries were not intended
No deadly weapon was used
Any touching or contact was accidental and unintentional
You did not know that the other person was a peace officer, firefighter, or other first responder engaged in their duties

One notable circumstance that will not constitute a defense to assault charges in Colorado is intoxication. Being drunk and asserting that you didn’t know what you were doing will likely not, by itself, save you from the consequences of your actions.

Protect Yourself With The Best Legal Defense For Assault Charges

Criminal assault charges in Colorado Springs are serious. Depending on the charges brought against you, years behind bars and hefty fines are just two of the devastating penalties you face. But you don’t need to and shouldn’t face these charges alone. Colorado Springs criminal defense attorney Bryson Perkins can develop and implement the defense strategy most likely to obtain a positive result, including asserting defenses that can get your charges reduced or dismissed.

Please contact us today for your free initial consultation with a criminal defense attorney to discuss your Colorado assault charges.