Fort Collins Assault Defense Attorney

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Assault Defense Attorney in Ft. Collins, Colorado

Assault is a serious criminal offense in Colorado. It can be charged several different ways, depending on multiple elements. But the complexity of the law also provides an experienced law firm with many options to seek a reduction, acquittal or dismissal of the charges. 

The first step is to consult with a Fort Collins defense attorney with extensive experience in these cases and the knowledge and resources to stand up to prosecutors. Assault can be charged as either a misdemeanor or felony under Colorado law, either of which carries the threat of serious jail time and other criminal penalties. 

Whether first- second- or third-degree, the charge alleges a defendant caused unlawful injury to another person. 

Assault Charges in Fort Collins

Whether first- second- or third-degree, the charge alleges a defendant caused unlawful injury to another person. The seriousness of the charge is based on four elements: State of mind, degree of injury, whether a deadly weapon was used, and whether the defendant was in an official capacity. 

  • State of mind: Whether a defendant “intended” to cause harm, was “reckless” or was “criminally negligent.”
  • Degree of Injury: Serious bodily injury (fractures, serious burns; risk of death or permanent disfigurement; or substantial risk of organ impairment) will lead to more serious charges than bodily injury (physical pain, illness or physical or mental impairment).
  • Deadly weapon: Challenging whether a deadly weapon was used can result in a serious reduction of potential criminal penalties. Law enforcement and prosecutors often stray well beyond guns and knives when defining a deadly weapon to include everything from vehicles to household items.
  • Capacity: Defendants face more serious charges if they were acting in an official capacity at the time of the incident, including work as a police officer, firefighter, EMT/paramedic, court officer or jail or prison employee. 

Under Colorado law, assault is charged as: 

First-degree assault (18-3-202 C.R.S.): Intentionally causing serious injury with a deadly weapon.  Class 3 felony:

            10 – 32 years in Colorado State Prison, and/or

            $3,000 – $750,000

Second-degree assault (18-3-203 C.R.S.): Intentionally causing serious injury without a deadly weapon. Class 4 felony:

            5 – 16 years, and/or

            $2,000 – $500,000

Third-degree assault (18-3-204 C.R.S.): Negligently causing injury with a deadly weapon. Class 1 misdemeanor:

            Up to 18 months in jail, and/or

            Up to $1,000 in fines

Assault Defense in Fort Collins

While the goal of our Fort Collins defense lawyers is always to seek a dismissal of the charges, or an acquittal in court, challenging each element of the charge can result in a substantial reduction in penalties. Winning a reduction from first- to third-degree assault, for example, drastically reduces the potential penalty from more than three decades in prison, to a maximum of 18 months in the county jail. 

It is common for prosecutors to overcharge a defendant. This makes them more likely to accept a plea agreement. An experienced Fort Collins defense lawyer must have the knowledge and experience to see through such tactics. We build cases for the courtroom. Prosecutors know we will be ready. When we decide a plea deal is in your best interest, we are always positioned to win the best deal possible. 

In addition to challenging each element of the assault charge, there are other common defenses to assault charges in Fort Collins, including: 

  • Self defense
  • False accusations
  • Mistaken identity
  • Accidental injury 

While these are serious charges, they also offer many avenues for a defense attorney to win your case. Our experienced Fort Collins defense lawyers represent clients throughout the area, including Fort Collins, Longmont, Loveland, Larimer County, Weld County, Berthoud, Estes Park, Johnstown, Red Feather Lakes, Timnath, Wellington, Windsor, LaPorte, Bellevue, Greeley, Ault, Eaton, Severance, Nunn, Firestone, Dacono, Boulder, Winter Park, Granby, Hot Sulphur Springs, and Fraser. We represent clients in Larimer County, Boulder County, Weld County, Grand County and beyond.

Call Matthew Haltzman at the Haltzman Law Firm today at (970) 692-3440 for a free and confidential consultation to discuss your rights.

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Haltzman Law Firm
204 Maple Street Suite 101
Fort Collins, CO 80521
(970) 692-3440
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