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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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Incredible!

I was extremely fortunate to have Jeff as my lawyer during a difficult time. He made sure I was taken care of and fought for what he knew was right on my behalf. My experience working with Jeff was nothing but great as he helped me get through my case. He is extremely knowledgeable, kind, and is willing to help out with a smile on his face. Jeff is an AMAZING lawyer and I cannot thank him enough for all the hard work he has done! Thank you Jeff!

— Summer

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

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.

Excellent Representation

After finding myself wrongfully accused of a DUI charge, Mr. Wolf fought to show the DA that I was not guilty and ultimately got the charge dismissed. Mr. Wolf’s knowledge, professionalism, and effectiveness made me feel comfortable and confident throughout my case. He was always more than willing to answer any questions I had promptly and thoroughly. Although this was an unfortunate situation, I couldn’t have asked for better representation. I would highly recommend Mr. Wolf!

— Anonymous

My Experience with Wolf Law

I am nothing but pleased with the service, trustworthiness, advice, compassion, and hard work that Wolf Law has provided me with. My case lasted for about six months in 2019. I had charges regarding the developing laws concerning marijuana in Colorado. Originally I wasted four months with a lawyer who made the already stressful and unfortunate situation ever more challenging and miserable. It was a blessing to meet Jeff! He was able to reach a resolution with the Colorado Springs DA that would allow me to have a chance in the future. Every step of the way he was patient, present, persistent, and a pleasure to work with. I drove all the way from Colorado Springs to find a lawyer that would fight for justice to the best of their ability and Jeff Wolf was that person – a person who cares about his clients and their lives. He did his job without judgment and exuded understanding and encouragement throughout. It is difficult to find people who are willing to genuinely help others and keep them positive. My hope is that if you find yourself in a situation where you are seeking legal counsel, please give Jeff’s firm a call. I cannot thank him enough for his kindness and work through this difficult time.

— S.M.

Great Attorney

I contacted Mr. Wolf through a reference from a separate out-of-county attorney’s office. I was very pleased with his professional attitude and staff, but mostly the results he was able to achieve for my case. I would definitely recommend Jeff and hire him again if I ever need to.

— Jeremy

Professional, Thorough and Successful

Jeff handled my case with expertise and professionalism. He examined my case quickly and accurately then presented me with sound options and advice going forward. Very satisfied with the almost immediate responses to phone calls and emails. Pleased with the outcome Jeff was able to provide in my case.

— Charlie G.

Truly There for You

Jeff is the best attorney my husband and I have used. He actually cared about what was best for my family. He actually fought for my husband and was on his side. He listened to my husband and made us feel like he was on our side and we could trust him with my husband’s future. I suggest to anyone looking for an attorney to put your trust in Jeff, he got us the best deal ever.

— Raena

Here’s a Lawyer You can Trust

I found myself threatened with life-changing accusations, and Jeff Wolf was there for me. Kept me up to date every step of the way and really helped relieve the stress of going through something so awful. 100 percent worth every penny.

— Patrick

Excellent Representation!

Jeff was with me from Day 1 after getting pulled over for an accused DUI charge. Jeff’s knowledge of the process and responsiveness to my questions, concerns were impressive. His professionalism to me and in court was excellent. Jeff truly made this stressful and emotionally taxing situation 100 times better. I am grateful he was referred to me. I would definitely recommend Jeff if ever faced with a driving-related charge. Jeff will be my first call in the future for any legal counsel (which hopefully, is never again).

— Scott