If you are facing charges of assault with a deadly weapon in Denver, you need legal representation from an experienced assault defense lawyer. Mike Petrash has more than eight years of prosecutorial experience, which he now uses to protect defendants from the excesses of the state’s district attorneys. Criminal assault charges are serious, and Petrash Law could provide you with comprehensive advice and the most effective defense available in your case.

First- and Second-Degree Assault Defined

If a perpetrator commits assault in Denver with a deadly weapon, the state can charge them with either first-degree or second-degree assault. Prosecutors can classify many items as deadly weapons, ranging from inherently violent objects such as switchblades or firearms to everyday objects, including kitchen knives and vehicles. Accomplished attorney Mike Petrash could analyze whether an implement can legitimately be called a deadly weapon in the context of your charges.

The categorization of assault as first- or second-degree is generally based on the perpetrator’s intent and the extent of injuries suffered. To win a conviction for first-degree assault, the prosecutor must prove beyond a reasonable doubt that the defendant intended to cause the victim serious harm, which may include:

  • Deep lacerations and scarring
  • Bone breaks and fractures
  • Permanent disability
  • Internal organ damage
  • Death

To win a conviction for second-degree assault, the prosecutor must show that the defendant’s reckless conduct with a deadly weapon caused a serious bodily injury.

The prosecutor will try to demonstrate the defendant’s intent by emphasizing certain facts in the case. An experienced defense attorney may challenge every aspect of the prosecutor’s narrative to question the proof of intent.

What Penalties and Fines Do Assault Defendants Face?

Under state law, a Denver defendant convicted of first-degree assault with a deadly weapon faces incarceration for 10 to 32 years and substantial monetary fines. Second-degree assault convictions can result in prison terms of five to 16 years and substantial fines.

To enhance prison sentences, prosecutors often charge defendants with additional crimes based on the same set of facts. This may include weapons possession, battery, attempted murder, and terroristic threats. If you retain Mike Petrash as your lawyer, he could scrutinize and seek to dismiss additional charges that lack a sufficient evidentiary basis.

Defense Strategies Used Against Assault Charges

An accomplished lawyer in Denver develops defenses tailored to the facts of each case involving assault with a deadly weapon. Such strategies Mike Petrash might utilize include:

  • Arguing evidence is insufficient to prove all the required elements of the charge beyond a reasonable doubt
  • Showing that the police violated the defendant’s rights, including questioning them without providing legal counsel
  • Showing that detectives collected evidence without probable cause for a valid search warrant
  • Emphasizing Juror bias or implications in instructions prejudices the defendant

A skilled attorney could develop and manage your defense strategy more effectively if hired as soon as possible.

Call Petrash Law in Denver to Defend Charges of Assault With a Deadly Weapon

Mike Petrash develops tough and effective defenses to charges of assault with a deadly weapon in Denver. Do not hesitate to take action and protect your right to a fair defense. Call now to schedule a consultation and learn how he could provide the defense you deserve.