Experienced Denver Assault Attorney 

Being charged with a crime can be terrifying and overwhelming. If you’re facing charges for an assault offense in Colorado, experienced representation is a must to restore your freedom and defend your rights. Fortunately, our seasoned Denver defense lawyer is here to help. 

When the stakes are high, Attorney Mike Petrash goes the extra mile to defend his clients’ hard-earned reputations while fighting to ensure a fair trial. The firm understands that there are always two sides to every story, which is why we’re dedicated to defending the accused in Denver and beyond. Reach out to Petrash Law to learn how we can fight to get the charges against you reduced or dropped. 

Securing a strong defense is essential to restore your freedom. Call (303) 562-1131 to schedule a consultation with our Denver defense attorney.

What Is Assault? 

Assault is a serious crime in Colorado. Defendants can face severe legal penalties if convicted, including imprisonment. This criminal offense is codified under Title 18 of the Colorado Revised Statutes (CRS), which defines assault as “knowingly or recklessly causing bodily injury to another person or causing fear of imminent bodily harm.”

Types of Assault in Colorado

There are varying degrees of assault, each with its own unique definition and criminal penalties. Consider the following overview of assault in the first, second, and third degrees in Colorado: 

First-Degree Assault

First-degree assault is codified under CRS § 18-3-202. As the most serious type of assault, this offense involves knowingly causing serious bodily injury with a deadly weapon or with intent to cause serious bodily injury. Generally, the two deciding factors in classifying first-degree assault offenses include: 

1. The severity of the injuries; and
2. Whether or not a deadly weapon was used.

In Colorado, “deadly weapon” can entail a range of devices, including firearms, knives, bludgeons, or any other objects capable of inflicting serious bodily injury. Assault in the first degree is a Class 3 felony that carries severe penalties if convicted, including imprisonment and fines.

What Constitutes “Serious Bodily Injury” in Colorado? 

The term “serious bodily injury" is a distinguishing factor when it comes to classifying assault offenses. In Colorado, this typically applies to first-degree assault charges, as assault in the second or third degree generally involves "non-serious" bodily injuries.

Serious bodily injuries entail specific characteristics and must involve “a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body." Some common examples include broken bones or severe burns.

Second-Degree Assault

Second-degree assault is codified under CRS § 18-3-203. This offense occurs when a person intentionally causes bodily injury to someone else using a deadly weapon or when they recklessly cause serious bodily injury to another person. Assault in the second degree is a Class 4 felony punishable by imprisonment and fines.

Third-Degree Assault

Third-degree assault is codified under CRS § 18-3-204. Assault in the third degree encompasses a range of actions, including knowingly or recklessly causing bodily injury to another person or with a deadly weapon. Assault in the third degree is generally classified as a Class 1 misdemeanor punishable by imprisonment and fines upon conviction.

Defending Against Assault Charges in CO

When facing assault charges in Colorado, defendants can employ various defenses to drop or reduce the charges. First and foremost, it’s imperative to consult with a trusted defense lawyer before making any significant legal decisions, as a qualified attorney can assess the unique circumstances of your case to determine an effective strategy to employ in your defense. 

There are various ways to defend against assault charges in Denver. Consider the five common defense strategies below: 

1. Self-defense: If the defendant can prove that they were acting in self-defense or defense of others, it may be a valid defense against assault charges.
2. Lack of intent: If the defendant can demonstrate that they did not have the intent to cause harm or fear, it can weaken the prosecution's case.
3. Consent: If the alleged victim consented to the actions that resulted in the assault charges, it can be a defense.
4. Mistaken identity: If there is reasonable doubt regarding the assailant's identity, it could lead to a dropped charge.
5. Alibi: Presenting evidence that proves the defendant was elsewhere at the time of the alleged assault can serve as a strong defense.

Importance of Hiring an Experienced Defense

When charged with assault, it is crucial to seek the assistance of an experienced Denver assault lawyer who can defend your rights and fight to restore your freedom. A qualified defense attorney can assist you with your case by: 

1. Utilizing extensive legal knowledge: A skilled attorney can use their in-depth knowledge of criminal law to guide your steps and develop an effective legal strategy to employ on your behalf. 
2. Investigating and gathering evidence: A skilled defense lawyer can fortify your claims by collecting relevant evidence, such as expert testimonies, witness statements, police reports, and medical documentation, to build a compelling defense and strengthen your case in court. 
3. Negotiating plea deals: In some cases, a defense attorney may need to negotiate with the prosecution to secure favorable plea deals, potentially reducing the charges or penalties against you. 
4. Representing your interests in court: Your lawyer can represent your best interests in court by presenting compelling arguments, cross-examining witnesses, and advocating for their rights while ensuring fairness and compliance with legal standards. 
5. Providing sound counsel: Facing assault charges can be emotionally challenging. A defense lawyer can provide needed counsel while guiding your steps meticulously and logically, providing a clear-cut path to resolve issues as they arise and minimizing additional stress during the proceedings. 

Contact a Skilled Defense Attorney in Denver, CO

At Petrash Law, our skilled criminal defense attorney has nearly a decade of experience representing the accused in Denver and beyond. As a former prosecutor, Attorney Petrash brings a remarkable and diverse legal skillset to the table, fighting zealously to defend his clients and obtain the second chance they rightfully deserve. 

While our justice system is hinged on the presumption of innocence, defendants standing before the court don't always feel that way. Like any area of the law, criminal courts are not immune to unconscious biases and prejudices, making it all the more essential for the accused to secure a trusted defense from an aggressive defense attorney as soon as possible after being charged with a crime. 

Arrested? Contact us online or call (303) 562-1131 to discuss your case with an experienced criminal defense lawyer in Denver, CO.