Colorado Springs Assault Defense Attorney
There are many different behaviors categorized as illegal in the State of Colorado that are covered by the umbrella term of “assault.” The loosest definition of the word might be a circumstance in which unwanted touching takes place. Some of these behaviors can be classified as felonies, including first-degree assault, second-degree assault, extortion, and vehicular assault.
Felony assault is a serious charge with severe consequences if you are found guilty. When it comes to violent crimes, the Colorado justice system often pursues harsh penalties. To navigate this stressful time in your life, it’s vital that you have an assault defense attorney in Colorado Springs to help you fight for your rights. Contact our experienced lawyers today.
What is First-Degree Assault?
First-degree assault occurs when any of the following take place:
- The accused uses a weapon with the intent to injure a person, threaten them, or cause them serious bodily harm.
- Causes any part of another person’s body to be amputated, disfigured, or destroyed, with the intent to do so
- Uses a deadly weapon to threaten court officers, firefighters, judges, or peace officers with intent to injure the victim
- Uses a deadly weapon as a threat against corrections officers or similar staff, with the intention of causing serious bodily harm while in custody
First-degree assault can be classified as a Class 3 felony, depending on whether the defendant was severely provoked, as defined by the law. This provocation generally has to involve an action against the accused. This definition means that words alone are not considered a provocation.
What is Second-Degree Assault?
Second-degree assault covers many of the same actions listed above, with resulting injuries that are less than severe. It can also be used to classify situations in which substances are used to incapacitate or cause harm outside of a legal health-related procedure. It also applies to when those who are in lawful custody harm corrections officers, peace officers, and similar persons with weapons, their bodies, or their bodily fluids.
As with first-degree assault, the felony class will depend on whether or not the accused was deemed to have been provoked. An unprovoked second-degree assault is a Class 4 felony, while a provoked second-degree assault is a Class 6 felony.
What is Extortion in Colorado Springs?
Criminal extortion in Colorado refers to the use of threats to make another individual take action. The person initiating the threats must not have the legal power to demand that these actions take place. Depending on the circumstances surrounding the case, criminal extortion may be a Class 4 felony or a Class 5 felony.
What is Vehicular Assault?
Vehicular assault refers to an event in which one person’s negligent or reckless operation of a motor vehicle results in the bodily injury of another person. One example of vehicular assault would be someone driving under the influence and causing an accident which results in the victim being injured. Vehicular assaults are classified as either Class 4 or Class 5 felonies, depending on the circumstances surrounding the case.
Common Legal Defenses to Assault in Colorado Springs
While there are varying degrees of assault in Colorado, the legal defenses for each are often similar. Below are some of the most common defenses to assault charges in Colorado:
Self-Defense or Defense of Others: You may be able to avoid conviction if you show that you used force against the victim to protect yourself or another person from imminent serious bodily injury. To succeed with this defense, you must offer proof that you reasonably believed that you or someone else was in danger of being seriously harmed and that the use of force was necessary to prevent that harm.
Defense of Property: You may also be able to avoid conviction if you can show that you used force against the victim to protect your property from destruction or theft. To succeed with this defense, you must have evidence that you reasonably believed that your property was in danger and that the use of force was necessary to protect it. Deadly force is never permitted in defense of property alone.
Accident/Lack of Intent: You may be able to avoid conviction if you can show that the alleged assault occurred accidentally and that you did not intend to hurt anyone.
Mistaken Identity: This is another common defense. Your lawyer will argue that you are not the person who committed the crime. This is typically done through eyewitness testimony or video evidence showing that you were not at the crime scene when it occurred.
How a Colorado Springs Criminal Defense Attorney Can Help You
Criminal defense attorneys provide a vital service to society. They ensure that everyone accused of a crime has access to a fair trial. Furthermore, they work tirelessly to protect the rights of their clients. If you have been accused of a crime, it is essential to understand the steps your criminal defense attorney will take to help you.
One of the first steps your lawyer will take is to talk to you about the case. They will want to hear your side of what happened. Remember, they can only properly defend you if you tell them the truth and provide as much detail as possible. Your communication with them is confidential, so don’t worry about them sharing this information with the judge or prosecutor.
Your Colorado Springs criminal defense attorney will take is to assess the evidence against you. They will examine the prosecution’s case and look for any holes or weaknesses. Once they have identified the weaknesses in the case against you, they will develop a strategy for how to exploit them.
Another step your criminal defense attorney will take is to investigate the case. They will talk to witnesses, review police reports, and gather other evidence relevant to your case. This step is vital because it allows your attorney to clearly understand what happened and identify any possible defenses.
Finally, your criminal defense attorney will negotiate with the prosecution if applicable. In many cases, the prosecution is willing to offer a plea bargain. This means they will agree to reduce the charges or recommend a lighter sentence in exchange for a guilty plea. If your attorney can successfully negotiate a plea bargain, it can result in a significantly reduced sentence or even dismissal of the charges against you.
Contact Our Colorado Springs Assault Defense Lawyer
At Anaya & Chadderdon, P.C., our Colorado Springs assault defense attorneys have over 30 years of experience in the courtroom. We are prepared to handle your case and are committed to providing our clients with aggressive, informed, and effective defenses no matter the charges they’re facing. From drug crimes like possessing meth to violent crimes like assault, we can craft a strong case.
If you’ve been charged with assault, extortion, sexual assault, or vehicular assault, we urge you to contact us immediately for a free consultation. Let us help you navigate the legal system to get the best possible outcome for your case.