Strong Representation In Assault Cases
An assault conviction can have serious ramifications. An experienced attorney can help you protect your legal rights and fight the charges.
At Pearson & Paris, P.C., we have more than 50 years of combined legal experience that we will use in your defense. Our top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
Call us at 303-872-4719 in the Greater Denver area or toll free at 303-872-4719 across Colorado for an initial consultation at reduced Rates.
Whether in the Denver area or anywhere in Colorado, assault is committed when a person causes bodily injury to another person. Assault arises under a variety of circumstances. Assault in the first degree is the most serious type of assault and is generally committed when a person, with an intent to cause serious bodily injury, causes serious bodily injury to another person by means of a deadly weapon. It may also arise when a person intends to and does seriously or permanently disfigure another person. Assault in the second degree is generally committed when a person intends to cause bodily injury, but instead causes serious bodily injury to a person. It may also be committed by causing bodily injury to a peace officer or firefighter. Finally, assault in the third degree, a class 1 misdemeanor, is committed by knowingly or recklessly causing bodily injury to another person.
It is important that a person accused of assault consult with an assault attorney to determine whether the offense has been properly charged.
Possible Consequences For Assault
Assault in the first degree is typically charged as a class 3 felony. People convicted of assault in the first degree face sentencing of: (1) probation, with a possible jail sentence as a condition of probation of up to 90 days, or up to a two-year work release sentence as a condition of probation, or (2) a sentence to the Department of Corrections of four to 12 years, but as much as 24 years if the court finds the presence of exceptional circumstances, with a mandatory parole period of five years.
Assault in the second degree is typically charged as a class 4 felony. Someone convicted of assault in the second degree faces sentencing of: (1) probation, with a possible jail sentence as a condition of probation of up to 90 days, or up to a two-year work release sentence as a condition of probation, or (2) a sentence to the Department of Corrections of two to six years, but as much as 24 years if the court finds the presence of exceptional circumstances, with a mandatory parole period of five years.
Possible Defenses For Assault
In the case of assault, the defense may center on the fact that the person did not act with intent to cause a particular result. It may also be possible to demonstrate that the assault occurred in self-defense.
Assault cases require a comprehensive defense approach that may require the assistance of other professionals in a variety of disciplines to analyze all aspects of the case. The defense may require experts in the areas of gunshot residue (GSR), DNA, serology, emergency medicine, psychology, psychiatry, human reaction, firearms, tool marks, foot marks, tire marks, crime scene investigations and police procedure.
The remaining defenses that may be applied in an assault case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor’s case, such as biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood or urine for forensic testing, incompetent computer evidence, flawed photo lineups and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled and experienced criminal defense lawyer to defend you in an assault case in Conifer, Jefferson County, or across Colorado.