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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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Successful and Very Pleased

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.

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

Colleen Kelley is the Best

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

Hit and Run Charges

I had multiple charges stacked against me by the CSP office for a questionable “hit and run” in my office parking lot. Jeff reviewed the video evidence and was able to get the charges reduced from 26 points against my driver’s license down to 4. He was also able to get the fines reduced to the minimum amount! Jeff was extremely knowledgeable and helped ease my fears each time we spoke and explained the whole process and what to expect along the way. Thank you, Jeff!

— Jim M.

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.

Winning the Case

Colleen Kelley came through for me when I thought all else was lost. Colleen worked diligently and kept up the fight; she was able to get the job done, and I’m so appreciative for her work.

— Randy J.

Highly Recommend Wolf Law for DUI Cases

I hired Jeff Wolf to represent me for a DUI and accident involving damages. While I knew I was 100 percent in the wrong, Jeff never once made me feel like a terrible person for making a mistake. He quickly responded to emails and always called me back quickly when I had questions (I had a lot of questions). I’ve never been in trouble with the law before, and Jeff was patient in explaining everything thoroughly to me throughout the entire process, and was also able to get my sentence reduced. I recommend him to anyone going through a similar situation.

— Emily

6-Month Jail Sentence Reduced to 90 Days

I was arrested in May 2014 for a warrant that I had since 2010 for DUR, I was facing a six month jail sentence that would have caused me to lose my business, home, as well as once again re-offend me. After countless calls and conversations and meetings with numerous attorneys I was referred to Jeffery Wolf. By simply speaking with him over the phone I felt a little at ease, until I met with him and after that I was completely at ease. He made feel the way an attorney is suppose to make a client feel. He was extremely personable, caring, honest, completely honest, and very detailed as to what his process is and what will take place in court.

On the day of my hearing Jeff arrived a little early and had me wait in the hallway while he stepped into the court room and went to bat for me. The result was a 0 point violation allowing me to keep my DL, a six-month jail sentence reduced to 90 days in-home detention, and a $67 fine, which was way more than I expected.

I highly recommend Jeff he is an excellent attorney that takes your case as serious as you do. I hope I never have to hire an attorney again but if I do without a doubt Jeffrey Wolf will be my first and only thought.

— David

I Was Lucky to Have Jeff Represent Me

After a referral from a friend, I was lucky enough to have Jeff represent me in a domestic violence case. I found Jeff to be extremely professional and experienced in his field. This being my first experience with the court system, he took the time to explain the process and my options in terms I could understand. I never felt like he was forcing me to take one option over another, he clearly explained each one and, while giving his recommendation, left it up to me as to which decision I felt would be the best for me and my family.

I am very pleased with the outcome of my case and would highly recommend Jeff to anyone in this situation.

— Melissa

Expedient, Thorough and Effective

Fortunately, I don’t find myself needing legal representation often…only once before have I needed an attorney. My situation was interesting…I was given a disorderly conduct summons and felt it was far beyond the pale in terms of its validity. I didn’t want this on my record and needed help navigating the legal process. I did some research on a few attorneys and read about Jeff Wolf’s practice. I called Jeff and we spoke the same day. He listened to me and I met with him a few days later. He took the time to explain his process and approach, which made sense to me and seemed to be in the right dollar range for what we were dealing with. Thankfully, my case was dismissed. Jeff took the time to show the DA that there were inconsistencies all over the place and that there was no way I was guilty…likely shouldn’t have even been issued a summons. As I said to Jeff, I hope I never have to talk with him again, but I won’t hesitate to call if need be.

— Christian