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
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.
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.
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:
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.
“Matt was amazing! When I hired him I was in a pretty bad situation. He took care of everything, I continued with my life and knew that he was working hard to sort it out. Long story short. In less than a month everything was sorted out. Couldn’t ask for more. Good guy with great efficiency. Thank you, keep up the awesome practice.”
“The way Matthew handled my case was truly impressive. He’s a true strategist, tactician and advocate. He consulted with me on every legal move and had ideas that I would have never thought of. Matthew was very knowledgeable and shared his expertise upfront in the process regarding my case. He set proper expectations and provided excellent advice along the way. Matthew knows the court system very well and is an excellent communicator. I would venture to guess he’s the best lawyer in Northern Colorado and one of the only Super Lawyers who practices PI and Criminal Defense in Colorado.”
“I’m so glad we found Matt Haltzman to take care of our case. He was so easy to work with, kind, and really listened to us. It was such a pleasure working with him. He was so professional and all my worries were gone. I had complete faith in him and he got our entire case dismissed. It would have been devastating to us had he not been such a great lawyer. We barely had to do anything, one meeting and one court appearance and the whole thing was thrown out. I would recommend him to anyone. He worked really hard for us. He is very bright and excellent at what he does. Thank you Matt! You truly saved us.”