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Denver assault defense attorneyTraditionally, assault is a perceived threat to another person, in 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.

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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Testimonials

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Unfortunately, I have required an attorney more than a few times. That said, Jeff is the most intelligent, competent, compassionate, committed, aggressive representation to be found, without a doubt. Facing a felony DUI, no proof of insurance, careless driving and cruelty to animals (my dog gets more love than most people in the world), followed by two DURs (driving under revocation), I pretty much felt I was screwed. After hiring and firing two attorneys, I called Jeff. Note: Do your research before you waste money, and do whatever it takes to get the money for proper representation. I met with Jeff based on his peer reviews, client reviews, education and experience; all of them positive and 100 percent accurate. Twenty minutes into the consultation, all my built-up stress and anxiety had been significantly reduced. I thought my driving privileges were over for a while. Jeff showed me what I needed to do to get a restricted license, which I was able to do within a few days. Following that he made two DURs, jail time offenses, turn into one zero-point traffic violation. Then, one year to the date of my run-in with the law, Jeff and I went to trial. The no insurance charge was dropped. I was insured. The cruelty to animals charge was dropped after the first day of trial. On the second day, I was found not guilty of DUI, DWAI and careless driving. The time, effort and determination Jeff put in was clear, and his strategies and trial skills were clearly superb. No better counsel can be found in my opinion.

— Patrick

Fully and Enthusiastically Recommended

When I was arrested for DUI/careless driving, I was overcome with a profound sense of hopelessness – I couldn’t eat, I couldn’t sleep, and I thought my life (including my career) was ruined. Making the decision to call Mr. Wolf for a consultation was the best decision I could have made. His immediate response set my mind at ease and gave me a the peace of mind that I so desperately needed.

Upon meeting him in person, I was thoroughly impressed by his experience and expertise, but what really struck me was his personable demeanor and genuine interest in helping me. He was very patient in explaining the legal process and made sure I was well prepared for every step of the way.

There is no doubt that his representation and advocacy, as well as the advice he had given me in order to prepare for court, resulted in an outcome that was more positive than I had dared hoped for (a DWAI with license intact and a reduced probation sentence), allowing me to move forward with my life. Mr. Wolf far exceeded my expectations, and I would absolutely recommend him to anyone seeking legal counsel.

— Anonymous

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.

Complete Satisfaction

Jeff took on 2 cases for me with complete success. He is extremely sharp and confident. Jeff really gets to know his clients and is very sympathetic to their needs.
The relationships he has with prosecutors and the judges was pure respect. When he spoke he had the ears of the courtroom. He speaks very eloquent and exudes confidence that translates into the result I was looking for, “Case Dismissed.”

I highly recommend his services. If you are need of his services you will get more than what you pay for.

— Steven L.

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.

Excellent Lawyer

I would like to share my experience and recommend Jeffrey Wolf at Wolf Law for their dedication and awesome team. I had recently contacted the Wolf Law firm with a rather challenging case and he was able to get it resolved satisfactorily and for that, thank you.

— Cece M.

Case Dismissed

I met with a probation violation complaint for a DUI in Summit County. I live outside of Colorado, in Boston. I felt hopeless. I felt like my only option was to travel out to Colorado, give myself up and just see what happened. That would have meant jail and thus loss of job and loss of house.

I called Jeff and talked to him about my case. His experience in this area put me at ease. Jeff guided me through everything I needed to do to see this case through. The greatest thing is that I never had to leave home to clear this up. At the end of the day Jeff cleared my case (Case Dismissed) without me ever leaving Boston. Jeff is incredible, and his team is equally amazing.

I can’t thank Wolf Law enough for what they have done for me. I have a new outlook on life thanks to Jeff.

— Matt P.

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.

Wonderful Experience with Colleen Kelley

I recently had the pleasure of becoming Colleen Kelley’s client. Even despite the terrible circumstances of fighting wrongful criminal charges, Colleen provided a supportive and pleasant experience during this process. Thankfully, I was introduced to Colleen through another attorney. She took my case on short notice and started working on my behalf in less than 24 hours by showing up to court the day after I secured her services.

She was diligent in her research, communication, and pursuit of justice. In just three short months, my case was dismissed. During this three-month nightmare, Colleen provided clarity and assurance along the way. While Colleen was very thorough in regards to every possible outcome I might experience, her professionalism and devotion to this case made it clear that the outcomes would be outstanding from day one. I’m so thankful that I found Colleen to represent me. I would highly recommend her services.

— Dawn R.

Hire A Lawyer You Can Relate To and Trust

I happened to find Jeff through a Google search for a DUI lawyer and I would have to say I really lucked out. I had heard horror stories about attorneys that overcharged their clients and that they would send others to represent them in court. From the initial phone call he helped me understand the process and prepared me for what was ahead. Having never needed a lawyer he was patient and made sure I understood everything before making any decisions. Jeff always made me feel like I was on the same level as him which I really appreciated. Jeff always prepared me for the worst, but in the end with his hard work and suggestions beforehand he managed to get me a pretty good deal. The best advice I could give is to be informed and START EVERYTHING right away. I would also say to hire a lawyer that you can relate to and that you trust. Don’t waste your money on someone that isn’t going to give you the personal attention you deserve. I would gladly recommend Jeff Wolf! He is down to earth and I never felt judged. He gave it to me straight and without hiring him I don’t know where I’d be. Thanks Jeff!

— Issac