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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

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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I am writing this letter to show how much I appreciate Mr. Jeff Wolf for representing me in my DUI case. When I first visited Mr. Wolf I had all these questions of what is going to happen in the case and to myself. I did have a prior DUI in another state so this was new to me.

I received my DUI in April and finished my court in September. During this time Mr. Wolf had an open door policy if you wanted to visit or maybe answer any questions that I may have had. His personal attention to my case made me feel at ease at all my court appearances.

Mr. Wolf guided me through all the steps that were taking place around my case and all his advice paid off when the day came for my sentencing. Actually, the judge was impressed with all the steps I was doing to remedy my terrible mistake. Mr. Wolf fought hard for me and I owe him for all that he did for my family and myself. I can honestly say that I have found a gentleman that I would recommend to another or help my family with any issues.

— Brian G.

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My name is Matt and I was ordered to register as a sex offender for 10 years. I ended up registering for 15 because the courts make it near impossible to get off the list. I tried on my own more than once and the paperwork for one county alone is enough to discourage someone, let alone four counties. I felt hopeless.

I decided to call Wolf Law and get an estimate. I ended up meeting with Colleen Kelley and she was very helpful. Told me the price, which was very reasonable, and I paid to get started. She warned me that it can take up to a year to get a court date and she was right. For me it took nine months, but when the time came, she represented me well and I finally got off the registry.

Life is so much more comfortable now and less embarrassing. The S.O. title is one of the worst badges of shame one can wear and thanks to Colleen Kelley and Wolf Law I no longer carry that weight. I’m thrilled to feel like a normal guy again.

— Matt S.

Would Have Been Lost Without Wolf Law

I was charged with my first DUI and was referred to Jeff by a friend of mine. He gave me a realistic expectation of what would happen and is an expert at navigating the process. Jeff is always incredibly quick to respond and is very knowledgeable. He is professional and represented me well in the courtroom. The experience of being charged with a DUI is a terrible, humiliating and challenging event – having an experienced attorney was priceless!

— Anonymous

Working with Wolf Law

I strongly encourage anyone with legal needs to use Wolf Law LLC. Jeff was professional, efficient and got even better results than I originally anticipated. I hope to avoid legal issues in the future, but if anything were to come up, there is no where else I’d turn to.

— Daniel

Great experience – very satisfied

I could not be more pleased with the service I received from Jeff for my legal matter! It was apparent when first speaking with him that he is knowledgeable about the system and has experience with complex situations, and that he also the care and concern for his clients’ matters. He maintained constant, clear communication throughout the process about what was needed to be done to prepare for the court case, and was quick to respond to any questions. Jeff had the confidence that it would be possible to achieve or come close to achieving my desired outcome, and he in turn made me confident about my case, too. When people around me were asking if I was stressed or nervous about my court date, I was telling them that I was actually feeling pretty at ease having Jeff there to advocate for me. He handled the case very smoothly and professionally, spoke strongly yet eloquently for my case, and we ended up achieving the best possible outcome, which I am very happy about. Thank you so much to Jeff as well as his staff for being prompt, professional and easy to work with!!

— Radhika Kalra

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If you are in legal trouble Jeff is the attorney for you!
From the first consultation he was a very understanding and caring guy who tells it like it is. I had a pretty bad charge against me and due to Jeff’s knowledge and his ability to negotiate with the powers that be, he was able to get me a pretty fair deal. He was so kind, putting my mind at ease by telling me I was going to be alright as this was the first time in my life I had ever been in trouble.
In short, if you need a GREAT attorney call Wolf Law and talk to Jeff!

— Sue

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I have hired Colleen previously and she did wonders including case dismissal. The flat rate fee is such a wonderful carefree situation. I wouldn’t trust anyone else when it comes to felony legal matters.

— Dustin

Jeff is a Powerhouse in the Courtroom

Jeff is truly an expert in his field. He is extremely knowledgeable and bright and it was clear throughout his management of my case that he is highly respected. He was very supportive of my desire to see my case through to trial, he was always empathetic, and he took the time to understand my personal and professional situation. He was determined to get me the best outcome with the least impact to my personal and professional life and he succeeded. We were dealing with a refusal and I have little doubt that I would not have had the same results with another attorney. Jeff is a powerhouse in the courtroom! I am beyond appreciative and would strongly recommend anyone facing challenging legal issues to seek out Jeff’s expertise.

— Jana S.

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When I had charges pending against me, I had a free consultation with many attorneys and ultimately hired Jeff wolf as my formal representation. Most of the attorneys’ capabilities were relatively equal, but what stuck out with Jeff was his ethics and personal investment in my outcome.

From the beginning he tried to get a thorough sense of who I was in society and represent that to the judge for sentencing. In court he pleaded my case and balanced remorse for the action with any positive attributes to gain a favorable outcome. He is well spoken and respected in court.

I liked that his payment model worked through stages that he “earned” along the way. I had a clear understanding of what to expect from him, from the court, and the most likely requirements of my sentence. And when I didn’t understand or had additional questions on one part (and I had many) he took the time to explain and discuss the options and his recommendation with me.

He had a thorough knowledge of the system and its players as well as knowledge on unusual factors related to my specific case, and he made well-thought-out recommendations with reasoning but ultimately let me make the final decision.

The result of my case was quite favorable thanks to Jeff. Great lawyer, highly recommend.

— Pam

Very confident and competent attorney! I am very happy with Jeff

I contacted Jeff Wolf after I had some family issues that also carried potential criminal charges. I spoke with him as soon as i realized how severe the situation could be and he offered great legal advice that lead to me bringing him on as my personal attorney. The charges against me were dropped and I never had to go to trial but throughput the entire process Jeff was in touch and taking care of everything I needed. I am very happy with his services and would certainly work with him again if I was in the situation.

— Daniel E.