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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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I cannot speak high enough of Mr. Jeffrey Wolf! He was very pleasant to work with and explained each step of the journey from start to the final video teleconference with the judge. He negotiated a much lower sentence with the DA from DUI to DWAI. He reiterated several points that were then considered by the judge and taken into account in deciding my sentence. He was always prompt in any communications and worked tirelessly on my case to get a very favorable outcome for me. I would whole-heartedly recommend Mr. Wolf as you can be ensured it felt like I was an individual that truly mattered to him and his practice. From the very first phone call, I had nothing but respect for him and felt I was in good hands, that he then proved! You can’t go wrong with Mr. Jeffrey Wolf!

— - L

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This law firm is the true example of professionalism. They are very responsive, very up front and extremely respectful. Colleen is an amazing attorney who truly enjoys what she does. I would recommend Colleen to anyone. She is honest, hard working, no BS, and gets the job done. She knows what to say and when to say it. She definitely went above and beyond for me. I would 100 percent use her again without a doubt.

— Zach

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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

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.

Colleen Kelley and Wolf Law

In the past few years I have had the unfortunate circumstance of needing a criminal defense attorney. I cannot overstate how fortunate I was to have chosen Colleen Kelley. I can honestly say that without Colleen on my side that I would have been sentenced to significantly more time and more serious charges than were warranted in my situation.

Colleen is undoubtedly a major reason as to why I am free today and able to move on with rebuilding my life. I would without hesitation recommend Colleen to anyone who needs a criminal defense attorney.

— Matthew M.

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Colleen was a great lawyer and made everything easily understandable.

— Juan

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.

The Best!

Jeff is very professional, knowledgeable, and as good of a lawyer as there is. I had a restraining order full of false allegations, and Jeff got everything dismissed. Even though it was a restraining order, Jeff treated my case as important as any other case. Thanks, Jeff!

— Anonymous

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.

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Words cannot express how grateful I am to have been represented by Wolf Law. Any petition involving removal from the sex offender registry should never be handled on your own. Each case is unique, and the complications with mine were met with the highest degree of compassion and professionalism. I was treated as a human being that made a terrible mistake, rather than a monster as the stigma typically implies.

Thanks to the hard work of my attorney, Cassandra Monahan, as well as the other attorneys and legal staff that I had the pleasure of interacting with, I can finally bring a very painful chapter of my life to a close. There is much to be said about an attorney that performs as though they have a vested interest in your case as opposed to one that just wants your money. I highly recommend Wolf Law!

— JW