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(720) 740-3466 (720) 740-3466 State prosecutors frequently do everything they can to elevate misdemeanor assault charges into a felony indictment for aggravated assault, with devastating consequences for a defendant. If you find yourself facing that indictment, you need a Boulder aggravated assault lawyer who understands the prosecutor’s motives and how the state’s criminal courts view those charges.
Mike Petrash of Petrash Law served as a Boulder County prosecutor for more than eight years, meaning he has substantial knowledge of procedures in the prosecutor’s office and uses that knowledge as an assault attorney to protect clients’ due process and other constitutional rights.
Boulder prosecutors may focus on certain aspects of an assault indictment to secure a felony conviction for aggravated assault. These aspects include whether the victim suffered a severe injury, whether the defendant intended to cause harm to the victim, or whether the crime involved a deadly weapon, such as a firearm or a knife.
An experienced aggravated assault attorney in Boulder may scrutinize the evidence to challenge subjective elements of the prosecutor’s case. For example, they may emphasize that an assault did not leave a victim with permanent scarring or impairment of an internal organ, or that the defendant’s actions did not reflect an intent to cause harm. When you retain a criminal defense lawyer, such as Mike Petrash, promptly after your indictment, you give yourself and your lawyer the best opportunity to analyze the prosecutor’s evidence and establish valid defenses.
State law defines first-degree or second-degree assault as a felony, which can lead to a prison sentence of up to 32 years if the assault victim suffers a severe injury. A Boulder defendant’s aggravated assault attorney could negotiate reduced charges for third-degree assault, which is a misdemeanor crime, unless the victim was a peace officer on active duty.
Misdemeanor, or third-degree assault, can result in a prison sentence of up to 18 months and a maximum fine of $5,000. The state might file misdemeanor assault charges against a defendant who punched or slapped a victim without causing severe or long-lasting injuries, made threats such that a victim had a reasonable fear for their safety, or threw an object at a victim where the object was unlikely to cause any injury.
The allegations in an indictment form a foundation for how a prosecutor proceeds. If the evidence does not prove the prosecutor’s allegations beyond a reasonable doubt, the prosecutor loses the case. If investigators did not follow proper procedures to collect evidence, your lawyer could also move to strike that evidence. Petrash Law generally files these motions soon after the filing of an aggravated assault case and well before a jury ever hears it.
Aggravated assault victims in Boulder could hire a personal injury lawyer to file a civil lawsuit against their attacker. The standards and burden of proof for civil aggravated assault are significantly lower than for criminal assault. A criminal defendant who is found not guilty in a criminal case can still be found liable for civil damages, including the victim’s medical costs and expenses, lost wages, and the value of the victim’s pain and suffering.
A criminal conviction for aggravated assault is generally irrefutable evidence of civil liability. Mike Petrash could be your resource to reduce the risk of both criminal and civil liability for aggravated assault.
Navigating aggravated assault charges in the state’s criminal court system requires the skills of an experienced Boulder aggravated assault lawyer. You have a constitutional right to a fair defense trial, and Mike Petrash has those skills to defend you. Call Petrash Law today for help with defending aggravated assault charges