Colorado Assault Defense AttorneyRequest Free Consultation
At Martin & Reed, LLC, our legal team provides experienced criminal defense representation in all assault cases: third-degree assault, second-degree assault, and first-degree assault. Our Northern Colorado law firm is led by a former public defender, so you can be confident that we have the ability to provide the skilled representation you need, in negotiation or trial. Contact Martin & Reed, LLC, today to speak with a knowledgeable Colorado assault defense attorney. Schedule your free case consultation by calling (970) 573-5187 or by completing our contact form.
Colorado Assault Defense Quick Links
- Assault Charges in Colorado
- Penalties for Assualt in Colorado
- Possible Defenses to Colorado Assault Charges
- What is a Heat of Passion Defense
- Why Choose Martin and Reed
- Contact a Colorado Assault Defense Attorney
Assault Charges in Colorado
People are often surprised by how little it takes to be charged with assault. Any act that causes the alleged victim pain can result in a charge of third-degree assault. There is no requirement that there is medical evidence of an injury, not even a bruise. Pushing someone can result in assault charges. These charges are serious, and can even result in mandatory incarceration if convicted in the event that the alleged victim was a police officer. At Martin & Reed, LLC, our Colorado assault lawyers have the skills and experience to defend you.
Second-degree assault is a felony. If you are convicted, you will be incarcerated. Typically, second-degree assault charges involve assault with a deadly weapon. The weapon may be a bat or a club or any other item, even if the item was not manufactured as a weapon. In certain circumstances, feet and fists can be classified as deadly weapons. The other type of second-degree assault charge is assault with serious bodily injury. We thoroughly investigate and defend against all second-degree assault charges.
First-degree assault is a felony. It is essentially one step down from the charge of attempted murder. More often than not, a first-degree assault charge will involve assault with a knife. Our attorney has the strength to defend against these serious charges.
Our skilled Colorado criminal defense attorneys also defend against all other violent crime charges, including attempted murder and murder, and cases involving the use of firearms.
Penalties for an Assault Charge in Colorado
Without an effective defense, assault convictions can carry serious penalties, escalating with the degree of the assault. Colorado courts have the following penalties in place for assault convictions:
- A 3rd-degree assault conviction is a class 1 misdemeanor carrying penalties of up to 18 months of jail time and up to $1,000 in fines.
- A 2nd-degree assault conviction is a class 4 felony and carries penalties of 5 to 16 years of jail time and fines of $2,000 to $500,000
- A 1st-degree assault conviction is a class 3 felony and carries penalties of 10 to 32 years in a Colorado State Prison and fines of $3,000 to $750,000
For any of the above charges with life-altering penalties, you deserve a strong legal defense by a seasoned Greeley assault defense attorney.
Possible Defenses to Colorado Assault Charges
Assault charges are serious charges of violence that require a strong legal strategy for defense.
Defense strategies could include showing that the attack was committed in self-defense and the injury occurred as a direct result of your need to defend yourself or a loved one from harm in the face of an immediate threat. Colorado law allows citizens to defend themselves with physical force under an imminent threat of harm.
In some circumstances, the defense can argue that the entire accusation is false or a case of mistaken identity. This defense strategy may be successful when the individual charged with the crime did not actively participate in the violent offense.
Finally, in some circumstances, the defense can assert that the assault charge stems from accidental contact rather than purposeful intent to cause injury.
With a strong, prompt defense, it’s possible that the victim or the state could drop the charges against you or lower them to a lesser charge.
It’s important to note that in cases of domestic assault, the victim cannot drop the charges, only the state can drop them.
What is a “Heat of Passion” Defense?
Colorado law also recognizes a “heat of passion” defense in some circumstances. While this defense strategy can be risky, as it’s essentially an admission of guilt, in serious assault cases such as a 1st-degree assault charge, this defense asserts that you acted under extreme provocation by the alleged victim or when strong feelings and emotions got the best of you, causing you to react in a manner that was beyond your control. This type of defense hinges on the ability to show that any reasonable person would have reacted in a similar manner under the same extreme circumstances.
The Heat of Passion defense is ineffective if there was a cooling-off period between the provocation and the action, during which time the prosecution could argue that a reasonable person would have calmed down enough to think through the consequences of reacting with an attack. When the reaction occurs immediately after intense or intentional provocation it can lessen the seriousness of the charges against you, and in some instances, it’s possible that the state could drop the charges.
Why Choose Martin & Reed to Defend Your Assault Charge
The criminal defense team at Martin & Reed has extensive experience in trials in Colorado and understands how to successfully navigate the state’s legal system. With nearly two decades of successfully defending our clients, we understand the importance of a strong, aggressive defense against this type of charge. We form an effective strategy and craft a compelling case to protect your rights in court. With an approach that tailors our service to your specific needs, we can build the most successful defense for the unique circumstances of your assault charge.
Free Consultation With a Colorado Assault Defense Lawyer
An assault charge in Colorado can change your life for the worse. The quicker you contact Martin & Reed, LLC, the sooner an assault defense attorney can begin working on your defense strategy. Schedule your free consultation with an experienced Colorado assault defense lawyer at Martin & Reed, LLC, by calling (970) 573-5187 or by completing our contact form today.