Larimer County Assault Defense Attorney

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Assault Defense Attorney in Larimer County, Colorado

Assault is a broad category of offenses, which 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. The charge alleges a defendant caused unlawful injury to another person. 

The good news is the law provides many areas for your Larimer defense attorney to challenge the state’s case. There are three ways assault can be charged, depending on the circumstances:

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 Charges in Larimer 

The three degrees of assault are determined, in the initial opinion of law enforcement and prosecutors, based on intent, degree of injury, whether a deadly weapon was used, and whether the defendant was in an official capacity. 

  • Intent: Whether the defendant intended to cause harm, was reckless in causing harm, or was criminally negligent, will in part determine the seriousness of the charge. 
  • Degree of Injury: Bodily injury (physical pain, illness or physical or mental impairment) is less serious than serious bodily injury, which involves fractures, serious burns; risk of death of permanent disfigurement; or substantial risk of organ impairment. 
  • Deadly weapon: Law enforcement’s definition of a deadly weapon is notoriously broad, and can include everything from an assault rifle to a frying pan. Challenging whether a deadly weapon was used can result in a serious reduction of potential criminal penalties.
  • 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. 

Your Larimer defense attorney must be prepared to challenge each of these elements, both in pre-trial negotiations with prosecutors, and, if necessary, at trial. 

Assault Defense in Larimer

It is common for prosecutors to seek more serious charges than can be proven, so your attorney must also understand when he has successfully sought a reduction or dismissal that is in the client’s best interest, or whether the state is simply backing off a charge that could not be proven at trial. 

Each element must be proven beyond a reasonable doubt. Successful defense of even one of these elements can result in a substantial reduction of charges and associated penalties, or even outright dismissal of a case against a client. 

Other elements of a defense may include: 

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

Our experienced Larimer assault 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
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Fort Collins, CO 80521
(970) 692-3440
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