I am a Colorado Criminal Defense Attorney that handles all forms of Boulder Assault Defense. I have experience defending assault charges in state courts throughout Colorado, including Longmont, Broomfield, Brighton, Adams, Jefferson, Golden, Denver, Loveland, Greeley, Gilpin, Larimer, Weld, Ft. Collins. Call me to discuss how best to defend your case.
If you are accused or might be accused of any assault, politely refuse to speak to the police about it. Just say, “I want a lawyer” and nothing else. No matter what happened or what you tell the police, they cannot help you. You may really want to get your side of the story out, or you may feel that if you could only explain what happened they might not arrest you, but it won’t change anything. Their goal is to gather evidence to help convict you, and anything you say can only hurt you. The most important thing that you can do when charged with any assault is to speak with an experienced criminal defense attorney. There is nothing you can tell the police today that you cannot tell them tomorrow after talking with a criminal defense assault lawyer.
Self defense and defense of others are among the complete defenses to assault charges. Regardless of your defense, talk with an experienced criminal defense attorney prior to explaining your defense to anyone. Call me at 720-260-7392 to discuss. I will help you to best explain your side of the story. I will investigate to prove that what you say is the truth. I will protect you from police and prosecutors that judge the case prior to learning all the facts.
If the alleged victim (or accuser) of the assault, harassment, menacing or stalking is a spouse or former spouse, family member, or anyone that you have had an intimate (even just kissing or making out) relationship with at any time, then it may be charged as domestic violence.
Assault in the Third Degree (3rd Degree Assault)
In Colorado, Third Degree Assault is the most basic form of assault. This crime is a level 1 misdemeanor, charged when a person knowingly or recklessly commits an unlawful touching causing pain. Assault can encompass a wide range of actions, from punching with a fist in an argument to slapping, tripping, pushing or strangling. The maximum penalty for the first offense of assault in the third degree is up to 18 months in jail. If the case is domestic violence, the maximum penalty is up to 2 years in jail.
Harassment can be charged where an unlawful touching occurs, but no pain is caused. There are many other ways to charge harassment, including making repeated unwanted phone calls, and yelling obscenities at a person. Harassment carries a sentence of up to 12 months in jail.
Assault in the Second Degree (2nd Degree Assault) - Crime of Violence
Second Degree Assault will be charged where the unlawful contact is made with a deadly weapon, such as a gun, knife, bat or even hands (if used to strangle). Assault in the second degree will be charged if a bone is broken, an organ is injured, significant scarring results or there is a substantial risk of serious permanent disfigurement or death. Second degree assault can be charged where the victim is a police officer or for other special status people. Assault in the second degree often carries a mandatory sentence of 5-16 years prison followed by a period of parole.
Assault in the First Degree (1st Degree Assault) Crime of Violence
First Degree Assault is a more serious felony assault. Depending upon the circumstances of the case, a person can be charged with assault in the first degree if s/he:
- causes serious bodily injury to a person with a deadly weapon with the intent to cause serious bodily injury; or,
- causes serious bodily injury, disfigurement or permanent disability with intent to do so; or
- causes serious bodily injury while engaging in conduct creating a grave risk of death; or,
- uses a deadly weapon to threaten a peace officer or firefighter with the intent to cause serious bodily injury; or,
- uses a deadly weapon to threaten a judge or officer of the court with the intent to cause serious bodily injury.
First Degree Assault often carries a sentence of a mandatory 10-32 years in prison followed by parole. If the crime is committed in a sudden heat of passion, the sentencing range is reduced greatly.
Menacing is threatening someone with physical harm, either with or without a deadly weapon. If a deadly weapon is involved, then menacing will be charged as a class 5 felony. Self defense, defense of others and defense of property are among the complete defenses to this charge.
A person can be charged with stalking if s/he makes a threat to a person and repeatedly follows, approaches, contacts (including repeated attempted communication by phone, text, email), or places under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship.
A person may also be charged with stalking if s/he repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication in a manner that would cause a reasonable person to suffer serious emotional distress and does cause any related person to suffer serious emotional distress. In a stalking case, the victim does not need to show that he or she received professional treatment or counseling as a result.
Stalking is a class 5 felony for a first offense, but can be a class 4 felony if there was a court order in effect or for a second offense.
If you are charged with any of these crime, you need to contact a qualified, experienced, Boulder Assault Lawyer. Call Jason Savela.