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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 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.

A Great Lawyer

Colleen was a great lawyer and made everything easily understandable.

— Juan

Representation by Jeff Wolf

Counselor Wolf was very professional, and each time we met to discuss my case he was patient and explained what we could expect and what might happen through each step in my proceedings. Counselor Wolf presented himself as very knowledgeable, confident and professional throughout our dealings in this matter. Thank you Jeff, I appreciate your attention to detail and adept representation.

— Jack O.

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

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.

I Will Definitely Hire Mr. Wolf Again

I turned to Wolf Law for help after a small bumper ding in a Starbucks parking lot escalated once the Denver PD was involved. Jeff expertly stepped in to keep the matter from getting any more complex, including speaking with a Denver Police Officer who seemed intent on imposing the most severe charges possible. Jeff continued his zealous representation of my case in Traffic Court where he worked out a reduction in the ticket with the Denver City Attorney and also eloquently explained the situation and the facts at hand to the judge, resulting in a reduction in the fine. Wolf Law exceeded my expectations on this case and managed to keep me calm about the severity of the charges throughout the process. I would highly recommend Wolf Law to anyone and everyone, and if I ever have the need, I will definitely hire Mr. Wolf again.

— Gil S.

Excellent

I had Jeff work on two cases of mine. Very professional and very understanding. Outstanding communication and advice. I would highly recommend Mr. Wolf to anyone seeking legal help.

— Jasen B.

Great Lawyer

I am very pleased with the outcome of my court case. Colleen Kelley kept me informed on the various process and was successful in removing my name from sex offender registry. I highly recommend Colleen Kelley if you need a lawyer.

— - Anonymous

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

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