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Traditionally, assault is a perceived threat to another person. In Denver, Colorado, an assault is defined as unlawful contact that results in an injury to another person.

These offenses can be treated as a misdemeanor or felony, depending on the severity of actions taken and who was involved. In any case, if you’ve been charged with assault, contacting a Colorado criminal defense attorney at Wolf Law LLC can help.

Levels of Assault

  • First Degree

First degree assault is the most serious assault offense a person can commit. Colorado defines this as when an individual causes intentional and serious harm to another, with a deadly weapon.

The distinction is that “serious” injury carries potential risk for death, disfigurement, or permanent bodily impairment and is done with “extreme indifference to the value of human life.” In many cases, it involves aggressive action being taken against a police officer or first responder.

Assault in Colorado is considered a crime of violence. This means the judge overseeing the case is required to sentence the defendant at the midpoint of the presumptive range to twice the maximum of the presumptive range, which translates to 10-32 years.

  • Second Degree

Second degree assault involves intentional injury to another but can also involve causing injury to a police officer or any activity preventing police from doing their duty. Intentional use of a deadly weapon can fall under second degree assault, as can recklessly causing injury to another or using a substance to drug another person without their consent.

Like first degree, second degree assault is a felony. Since it is also a crime of violence the same sentencing rules as in a first degree assault case apply. The judge is required to hand down a sentence at the midpoint of the presumptive range but no more than twice the possible time, in the case of second degree assault that’s 5-16 years.

  • Third Degree

Third degree assault is the least severe of the three. It’s committed when a person knowingly, recklessly, or negligently causes harm to another person using a deadly weapon. Annoying, threatening, or harassing a police officer can also qualify as a third degree assault.

Third degree assault is classified as a Class 1 misdemeanor of extraordinary risk, carrying a possible sentence of 6-24 months. If the assault is against a police officer, first responder, pregnant woman, or at risk adult, the six month sentencing minimum is mandatory.

Convictions: Misdemeanor Vs Felony

  • Misdemeanor

In Colorado, misdemeanors are labeled as either Class 1, 2, or 3 and carry sentences of 18 months or less in local or county jail plus the potential for fines.

  • Class 1: The most serious misdemeanor, sentences can include 6-18 months in jail, fines of $500-$5,000, or a combination thereof.
  • Class 2: Defendants may face 3-12 months in jail, a fine of $250-$1,000, or both.
  • Class 3: The least serious misdemeanor, defendants may face up to 6 months in jail, fines ranging from $50-$750, or a mixture of the two.

In some less severe cases, those charged may be released on probation. For misdemeanors deemed as presenting “an extraordinary risk of harm to society,” sentences are increased by an additional six months.

It is important to note that Colorado’s statute of limitations on misdemeanors is 18 months. Meaning if the state has not begun prosecution within that time frame, the defendant can move to have the case dismissed.

  • Felony

Felonies are much more serious than misdemeanors and are punishable by a minimum of one year in prison. There are a total of six felony classes, ranging in severity and punishable by multiple years in state or federal prison and/or crippling fines.

  • Class 1: The highest level felony in Colorado, punishable by a life sentence and in some cases, the death penalty.
  • Class 2: Sentences for Class 2 felonies can include between 8-24 years in prison and/or fines ranging from $5,000 to $1,000,000.
  • Class 3: Those charged with a Class 3 felony could serve 4-12 years in prison or be forced to pay fines between $3,000-$750,000.
  • Class 4: Fines for Class 4 felonies can range from $2,000-$500,000 and carry prison sentences of 2-6 years.
  • Class 5: If a Class 5 felony has been committed, defendants can face 1-3 years in prison and fines from $1,000-$100,000.
  • Class 6: The least of the felony classes, those convicted can serve 1-1.5 years in prison and pay fines from $1,000-$100,000.

The statute of limitations for most felonies in Colorado is either three or five years from the date the crime was committed. But in serious cases like murder, kidnapping, or sex crimes, the state is not bound by a statute of limitations and can begin prosecution at any point.

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Charges Associated with Assault

There are a number of charges that can be associated with assault. Any number of additional charges can be made, depending on how the crime was committed. Though these are not all of the possible accompanying charges, there are a few that are commonly coupled with assault:

  • Crime of Passion: A crime of passion significantly increases the charges placed on the defendant. An example would be assault performed as revenge for wrongdoing/unfaithfulness inside of a relationship, either romantic or otherwise.
  • Assault with a Deadly Weapon: This is added to an assault charge when the crime involves a gun, knife, or any object designed with the purpose of injuring or killing another person.
  • Assaulting a Police Officer: As it sounds, this is applied when an assault involves a police officer or similarly protected state or federal employee.
  • Vehicular Assault: When a vehicle is used in addition to, or in place of, a deadly weapon, the charge is adjusted to include vehicular assault. Often, reckless driving is an added charge as well.
  • Aggravated Assault: This is a distinction made based on the level of assault. Both first and second degree assault charges have the potential to be labeled aggravated assault.
  • Domestic Assault: When assault is carried out against a spouse, family member, or resident of the defendant’s household, it is classified as domestic assault. The most common example of this is domestic abuse.
  • Municipal Assault: A lesser form of assault that carries a potential sentence of six months to one year in jail and/or fines up to $500.
  • Battery/Menacing: In Colorado, the term “menacing” is applied to situations in lieu of labeling them as “battery.” Menacing is when a person puts another in fear of being hurt or brandishes an item meant to look like a deadly weapon.
  • Manslaughter: This is defined as when a person recklessly causes the death of another. It can also apply if that person intentionally caused or aided another in committing suicide. In some cases, usually those involving negligence, manslaughter can be a byproduct of an assault.
  • Harassment: Hitting, kicking, shoving, touching (without consent), obscene language/gestures, stalking, and threatening are all possible forms of harassment. To further complicate things, harassment doesn’t have to happen in person, frequently occurring over the phone, via email, or through social media.

Why Contact Wolf Law LLC.

An assault charge can quickly spin out of control. We specialize in assisting in defending individuals who have been charged with criminal activity. If you enter into this process alone, you risk losing the protection that’s provided to you through the law.

Protecting you is our job. We know the ins and outs of Colorado law. We know how to conduct research and will work to gather evidence that helps your case. We’re master negotiators with experience in all levels of assault charges. Whether a municipal, misdemeanor, felony assault charge, we’ll do our best to find a solution for your case.

Contact one of the criminal defense lawyers at Wolf Law LLC today to schedule a free consultation.

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Best Possible Outcome Thanks to Wolf Law

When I walked into the office I was at a low point I can’t describe. When I talked to Jeffrey Wolf I wanted to hear, “Don’t worry, you’re going to be fine.” Instead I was told the honest truth: I was in serious trouble, but he would fight like crazy to get me the best possible outcome. After thinking about that I realized it was far better to hear the truth rather than a lawyer trying to get my business, and in the end I got exactly what Jeff said: Good advice, an excellent professional defense, and I believe the best possible outcome I could have wanted. I highly recommend Wolf Law.

— David R.

Professional, Passionate and Knowledgeable

This was my first experience with the law, and Jeffrey Wolf did a fantastic job of guiding me and my family through this. He was always available to answer any concerns I had, realistic in terms of what we were looking at, and passionate about getting us through this. He truly took my case to heart and was a lifesaver through a trying time. Thanks to him, I still have a chance to succeed in my career and lead a normal life!

— Tyler C.

Incredible Defense with the Perfect Outcome

When I was arrested at a concert hall for trespassing and placed in a detox center it didn’t feel right. I had confronted the police in order to find out why they where arresting somebody I knew and within seconds of my questioning I was in cuffs and associated with a crime that I seemingly had nothing to do with.

When I was released from detox I thought it was over but then I understood that I had to appear in court and my previously clean record was facing the documentation of a criminal charge. I wanted to try to keep my record clean and with some help I hired Wolf Law.

Given the relative simplicity of my case I only had to meet at the office of Jeffrey Wolf a handful of times. From the first visit I could tell that Jeffery was very professional and very serious. As more of my case was revealed and in consecutive meetings I could tell that Jeffery was building a strong defense.

While he couldn’t promise me any certain outcome his resolve to defend me as strongly as he possibly could was obvious. On my first court date, before much of the details of my case where known, I was accompanied by Jeffrey Wolf’s associate lawyer Colleen Kelley. Colleen defended me with a skillful amount of experience and made it possible for Wolf Law and me to buy more time and obtain the legal information required to build a defense.

On my second court date, after having met several times, I was accompanied by Jeffrey. Jeffrey told me to wait outside the courtroom and I complied. After roughly 20 minutes he reappeared to me with a welcoming smile and gave me the good news that he had gotten my cased dropped.

I’m not quite sure what he did in those 20 minutes but I can say with satisfaction that it was an amazing job. I felt, with fingers crossed, that it was a possibility that my case would be dropped but when it actually happened I almost couldn’t believe it. I’m very thankful for the work and service that was provided by Wolf Law. For them I have the utmost respect and my recommendation to anyone needing legal service goes to them with 100% certainty in their ability to promise and do their best.

— Christopher P.

Thanks!

Dear Ms Kelly you have truly been a blessing to me.When this situation took place I searched and searched for a qualified attorney to represent me in fighting for my life att after att turned me towards wolf law and I told myself I wanted the best and she clearly overachieved. After doing so much for me and my family I felt I need to compensate her for what I feel was going the extra mile and she insisted that what I’ve paid was enough. That kind of integrity and dedication to your clients says a lot about wolf law. I will always be indebted to you guys thanks for everything.

— Jared T.

Exceptional Attorney Who Truly Cares

I cannot thank Jeffrey enough for his dedication and hard work on my case. From the very beginning, he took the time to understand every detail and worked diligently to ensure the best possible outcome. His expertise, professionalism, and clear communication made a challenging situation much easier to navigate.

What sets Jeffrey apart is his genuine care and commitment to his clients. He went above and beyond to advocate for me, and I always felt like I was in capable and trustworthy hands.

I highly recommend Jeffrey to anyone in need of legal representation. He’s not only an outstanding attorney but also a great person who truly cares about his clients’ success. I couldn’t have asked for a better advocate!

— Anonymous

Expert Help

I am glad that I was referred to Jeff. His capable counsel turned a really big mess into a straightforward procedure. All my contacts with the entire staff at Wolf Law were outstanding. Jeff was able to explain very complicated proceedings in a way that made sense and allowed me confidence that I was fully prepared. Jeff’s professionalism both inside and outside the courtroom was an immense help during a tough time. Legal troubles are very stressful, and it is important to have someone working for you with the experience and knowledge to be able to help. Jeff provided that and more: never feeling lost in the situation was an added benefit that was priceless. I would highly recommend the team at Wolf Law.

— John B.

Ms. Kelly was a professional rock for us!

We found ourselves in an unimaginable situation with criminal charges pressed against my husband relating to a firearm. We were both petrified. Especially with the gun climate we find ourselves in. Neither of us had ever been in trouble with the law and after a terrible accident, we found just that. Ms. Kelly is extremely professional and knowledgeable of the legal system. She took the time to explain everything to us and prepare us for what would follow.

We are happy with the outcome of the case and would highly recommend Ms. Kelly to anyone who may find themselves in our situation.

— The Taylors

Colleen is wonderful!

Colleen was so helpful and it was comforting to have her knowledge and experience working on our emergency. She took a process we had no experience with and made us feel secure and empowered. She did so much for us, and I can’t thank her enough or recommend her more highly!

— James Sehota

A Second Chance

I cannot express enough gratitude for the exceptional legal representation provided by Attorney Monahan. Facing a daunting traffic case that left me feeling like my life was over, she stepped in and truly became my lifeline. Her expertise, dedication, and unwavering support not only secured a favorable outcome but also gave me a second chance at life.

Throughout the entire process, she exhibited professionalism and empathy, understanding the gravity of the situation while also believing in the potential for redemption. Her strategic approach and meticulous attention to detail were evident in every aspect of my case, ensuring that no stone was left unturned.

I want to emphasize that I am in no way undermining the seriousness of my actions or the potential consequences. However, thanks to her skillful advocacy, I am now able to move forward with renewed hope and determination.

I wholeheartedly recommend her and the entire team at Wolf Law to anyone in need of legal representation. Their commitment to their clients’ well-being and their relentless pursuit of justice truly sets them apart. Thank you Cassandra Monahan for giving me a second chance and for your unwavering support every step of the way.

— Andy

A Great Help in a Time of Turbulence

After being convicted of a DUI for marijuana, I quickly searched for an attorney. I chose to contact Wolf Law first because of the certifications and positive reviews that I saw. I am very glad that I made this choice. This was my first time in trouble with the law, so I didn’t quite know how to handle the situation, but with just a few meetings, phone calls, and emails I felt confident towards the resolution of my issues. Jeff explained everything thoroughly and made sure I knew everything I needed to know and more. I personally needed only a few meetings and talks, but I know that Jeff would be glad to meet or talk as much as necessary. He is clearly very passionate about his work and is a well of legal knowledge. I began with several charges and seeing an overwhelmingly bad outcome in my future, but as Jeff and Wolf Law fought for me, the charges faded away until only one remained and even it was reduced. I left with what I view as the best possible outcome for my given situation. Wolf Law not only helped mitigate the consequences of my mistake, but also granted me great comfort and guidance through the whole experience.

— Bryan C.