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In a physical confrontation, there’s a fine line in the difference between assault and self-defense, but the distinction is critically important since the punishment for even a misdemeanor assault charge (3rd-degree assault) can bring jail time.

The best way to explain the distinction between assault vs. self-defense is to describe the types of actions that are legally considered self-defense, realizing that if the physical encounter doesn’t fall within those boundaries, it could be considered assault.

If you have any questions about representation in an assault or self-defense matter in Denver or the surrounding counties, don’t hesitate to call Wolf Law today at (720) 479-8574 and talk with an assault defense lawyer.

Colorado’s self-defense laws allow people to:

  1. Defend a person (yourself or another person) from physical force; however, the use of deadly force is only allowed if it appears the attacker may seriously assault, kidnap, or sexually assault the person.
  2. Defend themselves within their own residence. Known as the “Make My Day Law,” in this case the use of deadly force is allowed as long as it appears that intruder might commit a crime (including robbery) and that the intruder might use physical force. This right to use deadly force is only allowed inside the residence. If the intruder is on the porch, at the door, in the yard or has left the premises, the relatively low threshold that allows for use of deadly force under Make My Day is no longer in effect.
  3. Defend a premises or other property (other than their home which is covered in #2). The ability to use deadly force in this environment comes with the same restrictions as in #1.

Most other physical altercations between people could be considered assault but in a different post, we list out some different scenarios on what could be assault or self-defense.

If you are charged with assault in Colorado, you may be charged with one of three levels:

  1. 3rd-degree assault, a misdemeanor, is knowingly or recklessly causing bodily injury to someone. The standard for bodily injury is very low—causing momentary pain could be included in the definition.
  2. 2nd-degree assault, a felony, is either assault using a deadly weapon or causing serious bodily injury. In some circumstances, a punch or a kick could be considered an assault.
  3. 1st-degree assault, is causing serious bodily injury, much like 2nd-degree assault, however, the bodily injury is inflicted through the use of a deadly weapon.

For both 1st and 2nd Degree assaults (collectively referred to as “crimes of violence”) the intent to cause injury must be proven. Self-defense is one possible defense that can be used in these cases.

Also, proving that the attack was a “crime of passion” committed in the “heat of the moment” could be a mitigating factor that could lessen the charge. However, if convicted of 1st or 2nd-degree assault there are mandatory prison sentences of 10-32 years under 1st degree and 5-16 years for 2nd-degree charges.

In conclusion, self-defense and assault are two very different concepts. Self-defense refers to the use of reasonable force to protect oneself or others from harm or danger. The key element of self-defense is that it is a reactive action, taken in response to a threat or attack. In contrast, assault is the intentional use of force against another person without their consent. The key element of assault is that it is a proactive action, taken with the intention to harm or intimidate another person. In self-defense, the use of force is justifiable and necessary to protect oneself or others, while in assault, the use of force is unjustifiable and illegal. The distinction between self-defense and assault is an important one, as it determines whether the use of force is legal or illegal, and whether a person will face criminal charges or not.

If you’ve been arrested for assault or have been involved in a self-defense altercation in the Denver area, you need expert legal guidance. Wolf Law has experienced criminal defense attorneys serving Coloradans facing criminal charges. Contact Wolf Law today for a free consultation.

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Deferred Sentence, Sealed Record For Pot Possession

In July of 2009 I was charged with possession of marijuana. I contacted Jeff with Wolf Law and worked with him to find my best options. Jeff was very knowledgeable, honest and professional. He worked quickly and effectively to get me a deferred sentence and ultimately seal the record of this infraction. I also had a prior charge that was many years old that was also a deferred sentence. Jeff worked to seal that record in order help maintain my privacy. I now have used this ability to change my field of work and pass a background check with no infractions visible on my record. My life is moving onward and upward due to the help that was provided by Wolf Law. Thank You Jeff!

— John

5 Stars

Was super helpful and always available anytime that I reached out. He was thorough and did everything that he could to help me out with my high BAC case. There isn’t a silver bullet out there and you likely won’t be lucky enough that somehow the charges go away, so your best bet is to sit with a consultation with Jeff and get your legal defense going ASAP as you work on the items that you can control (education/therapy/MADD panel) and let him handle the court items

— Casey

Helped Me Through a Rough Time!

I became quite the habitual traffic offender with two speeding tickets and one ticket with two charges totaling 12 points. Jeff brought the 12-pointer down to a 3-pointer and a small fine, and saved my license with the two other tickets at bay. I had a lot of trauma at the time of the tickets, and he not once judged me. He is quick to respond to a call or email or text and walks you through each process. I am so glad I listened to earlier reviews because he made this process so much easier. I would definitely recommend him to anyone dealing with similar infractions and problems!

— Tiffany

I Couldn’t Have Asked for a Better Lawyer

Until the night of my DUI, I had never been in trouble before so one could only imagine how scared I was. Facing a DUI with a possible felony/assault charge, I honestly wasn’t sure how I was going to get through it all. I happened to find Jeffrey Wolf through another lawyer. After meeting with him in person, I knew immediately that he was going to help me. I was a complete wreck from day 1 and yet he made me feel at ease with every meeting, phone call and court appearance.

One of the traits I appreciated most was his honesty. Mr. Wolf told me straight up from the beginning what could happen and what I was facing but reassured me that he would do everything he could to get me through it with the best outcome. Having him there with me through this process and through every court appearance with him by my side made it easier to handle and I am so grateful to have worked with him. At the end of it all, I was able to get probation with a deferred judgment on my case. I would absolutely refer Mr. Wolf to any of my friends and/or family!

— Nichole G.

Look No Further – Jeff is the Best

I was falsely accused of a crime with serious consequences, was very depressed and got even more depressed and frustrated as I was interviewing attorneys to defend me. They had a broad spectrum of approaches and some were ready to head to trial immediately as it seemed they were primarily interested in battles and my money rather than my best interests. The first one was extremely arrogant and rushed to get me off the phone. My court appearance date was approaching and I was ready to give up when I came across Jeffrey’s website. I read he had once also been falsely accused which motivated him to become an attorney. After further reading, his philosophy appealed to me so I set up a free session.

I met with Jeffrey and told him what happened. He explained the alleged crime and potential consequences and then spoke about himself and his approach. I spent more time than the “free time” allocated but was never rushed. He listened, believed me and was really genuine as I had not witnessed before with other attorneys.

By the time we finished talking, I felt respected and not disrespected as I found out with this accusation, you are guilty until proven innocent from most everyone’s perspective. I hired Jeff on the spot and when I left his office, I felt this big burden lifted off my shoulders as I knew I could trust him to do his best for me. I was finally able to sleep that night and after several weeks able to put this out of my mind as being the constant main focus.

If you are seeking a very knowledgeable, trustworthy, caring, honest and respectful attorney, Jeffrey fits the bill. He is a great listener and never rushed me even with a flat fee rate. He has a good rapport with the Court who also respectfully listens to him. He is well spoken in the courtroom. I have seen him in several cases reaching very good settlements for his clients. On my case, he provided me his opinion with his rationale as to how I should proceed but allowed me to then make a decision as to go to trial or take a plea bargain. He would fully support my decision either way. Jeff is very good in providing the pros and cons, risks, and potential scenarios that may play out. My case will be dismissed shortly and record sealed as a result of Jeff’s hard work, negotiations, poking holes in the accuser’s story pre-trial, and dedication to my satisfactory case resolution. If you want the best, look no further as you have found him. Thank you Jeff!

— David C.

Would Highly Recommend

Jeff provided excellent legal advice and guided my situation to a very desirable outcome. He was in frequent contact via phone and email throughout the process, answered all of the questions that I had, and gave me the ability to confidently choose the best outcome for my circumstances. Legal issues are scary, complicated, and stressful but Jeff reduces all those negatives and makes you feel like someone has your back. Would highly recommend his services if you ever find yourself in need of criminal defense.

— Max I.

Informative, Kind, Helpful: Can’t Thank Him Enough

My experience with Wolf Law was excellent. I am a full time college student and Mr. Wolf was beyond helpful to me, and provided me with all of the information I needed. He is very kind and always available for questions and support. I can’t thank him enough for all of his hard work.

— Marisa

Professional and empathetic

I contacted Wolf Law for legal assistance with a case that had extenuating circumstances requiring someone experienced and understanding. When I first spoke with Jeff, he helped put me at ease and on the path to a resolution. Jeff promptly informed me of each new development in the case, while being sympathetic to my situation and advocating on my behalf. I’m incredibly satisfied with the result of the case and the speed at which Jeff achieved that outcome. Jeff was able to rectify a life changing event to just be a bump in the road.

— Mark Horgan

Jeff Helped Me Feel Safe Again

I would highly recommend attorney Jeffrey Wolf. He consistently demonstrates knowledge and professionalism, both in and out of the courtroom. His expertise helped me to understand the legal process. As a victim of domestic violence, I looked to Mr. Wolf to assist me in obtaining a restraining order. His compassion combined with skill helped me to feel safe again.  I reached a positive outcome in my case and felt informed, confident, and cared for with Mr. Wolf in my corner.

— Karen

DUI Charge Reduced to Reckless Driving

I approached Mr. Wolf due to a first-time DUI charge. He was extremely knowledgeable and professional throughout every step of the legal process. As a result of his diligence in court, the charges against me were reduced to reckless driving. I would recommend Mr. Wolf’s services to my friends and family.

— Gina