DENVER’S ASSAULT DEFENSE ATTORNEY
Criminal Mischief Defense Attorney Phil Smith has been successfully defending clients charged with assault for years. Criminal assault charges are rarely clear-cut and may be a matter of self-defense. Assault charges are the most common criminal offense in municipal ordinance violation, misdemeanor and felony courts.
YOUR BEST DEFENSE IS TO STOP TALKING TO EVERYONE,
EXCEPT YOUR ATTORNEY
Phil Smith, criminal defense attorney, works to diminish the threat of the allegations made by the victim. Was it self-defense? How serious were the injuries? Is the victim telling the truth? Is it credible? Is it the full story?
Victims sometimes give false statements to police. Thorough investigations of witnesses and alleged victim is critical to achieving the most favorable outcome to your case. Medical reports and expert investigations are significant tools used to dispute the seriousness of injuries.
WHAT IS BODILY INJURY AND WHAT IS SERIOUS BODILY INJURY
Bodily injury is defined as little as pain. Causing bodily injury is a misdemeanor. If a person is injured to the degree of a broken nose or arm it is considered “serious bodily injury”. Loose or broken teeth, loss of the use of any part of the body is considered serious bodily injury and is a felony.
WHAT ARE THE PENALTIES
Assault and sex assault charges in Colorado can be harsh. If the assault involves a person you have been in an intimate relationship, past or present, the offense is categorized as domestic violence. Domestic violence is a sentence enhancer.
The following are the degrees of penalties of criminal assault.
3rd Degree Assault:
- This is a Class One (M1) Misdemeanor.
- This requires proof that pain was inflicted only.
- A conviction could result in a 2 year jail sentence.
2nd Degree Assault:
- This is a Class Four (F4) Felony.
- This requires proof that a person knowingly
- Caused serious bodily injury or caused bodily injury (pain) with a use of a deadly weapon.
- Or, that a person intended to cause bodily injury.
- A conviction carries a mandatory prison sentence of 5 to 16 years in prison.
1st Degree Assault:
- This is a Class Three (F3) Felony.
- This requires intention to cause serious bodily injury involving a weapon among other demonstrations of intention.
- A conviction carries a mandatory prison sentence of 10 to 32 in prison.
Sexual Assault and Sexual Contact:
- Sexually related assaults vary in levels of sentencing.
- A conviction of sexual assault may carry lifetime probation or a prison sentence.
- Lower level offenses result in lesser sentences.
- Mandatory sex offender registration is required with every sexual assault conviction.
DEFENDING A COLORADO CRIMINAL ASSAULT CHARGE
My goal in your defense of a assault charge is always to gain the best possible result in your case. If the case cannot be dismissed because of the evidence against you, I strive for a deferred judgment sentence or in some cases diversion
DOMESTIC VIOLENCE AND ASSAULT
Domestic Violence is not a criminal charge but rather a sentence enhancer that, if convicted of an underlying offense, would make your life very difficult.
Landlords and employers see only the black and white of a background check with an assault/domestic violence conviction. Finding decent housing that will allow a person convicted of domestic violence is nearly impossible. Employers will choose a candidate with a clean record.
Along with the consequence of a assault/domestic violence is receiving a Temporary Protection Order. A TPO will prevent you from talking, seeing the victim or possibly your children. Be aware that the victim may try to violate the protection order by contacting you or calling and texting. Protect yourself and avoid all contact with the victim. Call today if you have questions about a assault.
Landlords and employers see only the black and white of a background check with an assault/domestic violence conviction. Finding decent housing that will allow a person convicted of domestic violence is nearly impossible. Employers will choose a candidate with a clean record.
Along with the consequence of a assault/domestic violence is receiving a Temporary Protection Order. A TPO will prevent you from talking, seeing the victim or possibly your children. Be aware that the victim may try to violate the protection order by contacting you or calling and texting. Protect yourself and avoid all contact with the victim. Call today if you have questions about a assault.
If you need an experienced, knowledgeable, criminal defense attorney to fight your assault arrest or charge, call me today. I offer a free confidential consultation for your convenience. Call me today at my Denver office 303-733-4535, or if you have questions about criminal charges associated with homicide or assault.
