How to Fight Assault Charges in Colorado

Assault is a broad category in Colorado’s criminal justice system, meaning you could face assault charges under many mitigating circumstances. What could have been a misunderstanding, a heated moment, or a self-defense incident you never expected could end in your arrest.

In many cases, law enforcement can enhance simple assault charges and leave you facing life-altering permanent consequences, including prison, steep fines, probation, and a permanent record that impacts your earning potential and ability to rent a home. A Colorado Springs assault lawyer from our firm can help.

What Is “Assault” In Colorado?

Colorado criminal courts define assault as “unlawfully causing injury to another person.” Under this open definition, assault ranges from any unwanted physical touching to violent assaults causing severe physical harm.

Law enforcement may enhance the charges if you used any item categorized as a weapon during the alleged assault.

An assault charge could be a misdemeanor or a felony, depending on the circumstances described below:

• A charge of third-degree assault means you are facing a class 1 misdemeanor, the least serious assault charge, typically involving reckless action that caused bodily injury without serious harm. Still, a conviction could mean up to 364 days in jail along with fines, probation, and a permanent criminal record.
• A charge of second-degree assault is a class 4 to class 6 felony, depending on whether or not you were provoked, and the severity of the bodily harm caused. This charge typically results from intentionally inflicting serious bodily injury. It may include the use of substances, such as spitting on a police officer or using a harmful or painful substance, such as bear spray or chemicals. A conviction could mean a prison sentence of up to 6 years and fines of up to $500,000.
• A charge of first-degree assault is the most serious assault charge, typically when the assault involves the use of a weapon to threaten or intentionally injure another person, causing them to sustain severe bodily injury. This may be a class 2 or class 3 felony, depending on whether or not the assault caused permanent injury. A conviction could result in a sentence of up to 32 years in prison, as well as fines of up to $750,000.

The above charges and penalties upon conviction could be increased, depending on factors like a previous criminal record or aggravating circumstances, such as a domestic violence assault.

Likewise, the charges and penalties could be reduced depending on mitigating factors such as provocation or consent. 

What Defenses Can My Attorney Use Against Assault Charges In Colorado?

An assertive defense against Colorado assault charges often begins with an attorney seeking a dismissal of the charges based on a procedural error during the arrest.

Depending on the circumstances of your arrest, your defense attorney may seek a dismissal based on lack of probable cause, improper handling of evidence, false reporting from the alleged victim, or inadequate investigation.

If a dismissal of your Colorado assault charges isn’t possible, a skilled defense attorney may use one of the following potentially mitigating factors to mount an immediate, aggressive defense:

• It was self-defense: Colorado allows the use of reasonable force to protect yourself or another from the immediate threat of harm.
• The assault occurred while you were in defense of property during an intrusion into your home.
• Lack of criminal intent: You didn’t intend to cause injury or harm, but it occurred due to a misunderstanding, accidental physical contact, or a reflexive action due to a perceived threat.
• There was consent: for instance, if the physical contact occurred during contact sports or while agreed-upon wrestling or martial arts engagement.
• The allegations are false: There may be digital evidence or eyewitness testimony available showing that the alleged assault did not occur or that you were not the perpetrator.

If the prosecution’s evidence is weak or insufficient, they cannot prove that you are guilty of the assault charge in a way that meets the standard of beyond a reasonable doubt.

A prompt, assertive defense is crucial when you are facing assault charges in Colorado. A criminal defense attorney can protect your rights throughout the arrest and court process. Find out how during your free consultation.