• This field is for validation purposes and should be left unchanged.
  • Speak with An Experienced Defense Attorney Today

In a physical confrontation, there’s a fine line in the difference between assault and self-defense, but the distinction is critically important since the punishment for even a misdemeanor assault charge (3rd-degree assault) can bring jail time.

The best way to explain the distinction between assault vs. self-defense is to describe the types of actions that are legally considered self-defense, realizing that if the physical encounter doesn’t fall within those boundaries, it could be considered assault.

If you have any questions about representation in an assault or self-defense matter in Denver or the surrounding counties, don’t hesitate to call Wolf Law today at (720) 479-8574 and talk with an assault defense lawyer.

Colorado’s Self-Defense Laws

Colorado’s self-defense laws allow people to:

  1. Defend a person (yourself or another person) from physical force; however, the use of deadly force is only allowed if it appears the attacker may seriously assault, kidnap, or sexually assault the person.
  2. Defend themselves within their own residence. Known as the “Make My Day Law,” in this case the use of deadly force is allowed as long as it appears that intruder might commit a crime (including robbery) and that the intruder might use physical force. This right to use deadly force is only allowed inside the residence. If the intruder is on the porch, at the door, in the yard or has left the premises, the relatively low threshold that allows for use of deadly force under Make My Day is no longer in effect.
  3. Defend a premises or other property (other than their home which is covered in #2). The ability to use deadly force in this environment comes with the same restrictions as in #1.

Most other physical altercations between people could be considered assault but in a different post, we list out some different scenarios on what could be assault or self-defense.

Levels of Assault Charges in Colorado

If you are charged with assault in Colorado, you may be charged with one of three levels:

  1. 3rd-degree assault, a misdemeanor, is knowingly or recklessly causing bodily injury to someone. The standard for bodily injury is very low—causing momentary pain could be included in the definition.
  2. 2nd-degree assault, a felony, is either assault using a deadly weapon or causing serious bodily injury. In some circumstances, a punch or a kick could be considered an assault.
  3. 1st-degree assault, is causing serious bodily injury, much like 2nd-degree assault, however, the bodily injury is inflicted through the use of a deadly weapon.

For both 1st and 2nd Degree assaults (collectively referred to as “crimes of violence”) the intent to cause injury must be proven. Self-defense is one possible defense that can be used in these cases.

Also, proving that the attack was a “crime of passion” committed in the “heat of the moment” could be a mitigating factor that could lessen the charge. However, if convicted of 1st or 2nd-degree assault there are mandatory prison sentences of 10-32 years under 1st degree and 5-16 years for 2nd-degree charges.

The Key Differences Between Self-Defense and Assault

In conclusion, self-defense and assault are two very different concepts. Self-defense refers to the use of reasonable force to protect oneself or others from physical harm or danger. The key element of self-defense is that it is a reactive action, taken in response to a threat or attack. In contrast, assault is the intentional use of force against another person without their consent. The key element of assault is that it is a proactive action, taken with the intention to harm or intimidate another person. In self-defense, the use of force is justifiable and necessary to protect oneself or others, while in assault, the use of force is unjustifiable and illegal. The distinction between self-defense and assault is an important one, as it determines whether the use of force is legal or illegal and whether a person will face criminal charges or not.

Colorado Legal Representation for Assault or Self-Defense Cases

If you’ve been arrested for assault or have been involved in a self-defense altercation in the Denver area, you need expert legal guidance. Wolf Law has experienced criminal defense attorneys serving Coloradans facing criminal charges. Contact Wolf Law today for a free consultation.

Featured Blogs
  • Answers to 6 Common DUI Questions
  • Assault or Self-Defense?
  • happy hour to sober
  • breathalizer thumbnail
  • 4/20 safety
  • domestic violence cases
Certifications
Testimonials

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.

Wow

Unfortunately, I have required an attorney more than a few times. That said, Jeff is the most intelligent, competent, compassionate, committed, aggressive representation to be found, without a doubt. Facing a felony DUI, no proof of insurance, careless driving and cruelty to animals (my dog gets more love than most people in the world), followed by two DURs (driving under revocation), I pretty much felt I was screwed. After hiring and firing two attorneys, I called Jeff. Note: Do your research before you waste money, and do whatever it takes to get the money for proper representation. I met with Jeff based on his peer reviews, client reviews, education and experience; all of them positive and 100 percent accurate. Twenty minutes into the consultation, all my built-up stress and anxiety had been significantly reduced. I thought my driving privileges were over for a while. Jeff showed me what I needed to do to get a restricted license, which I was able to do within a few days. Following that he made two DURs, jail time offenses, turn into one zero-point traffic violation. Then, one year to the date of my run-in with the law, Jeff and I went to trial. The no insurance charge was dropped. I was insured. The cruelty to animals charge was dropped after the first day of trial. On the second day, I was found not guilty of DUI, DWAI and careless driving. The time, effort and determination Jeff put in was clear, and his strategies and trial skills were clearly superb. No better counsel can be found in my opinion.

— Patrick

Professional. Attentive. Experienced. Successful.

I was referred to Jeff by one of my friends who was recently represented by Wolf Law in his DUI case; I will be forever grateful for that recommendation. Jeff made this extremely stressful process feel much more manageable from start to finish. He was always responsive and highly communicative, even throughout my barrage of anxiety driven questioning. He was a maestro in the courtroom and was able to get me the absolute minimum penalties. He even got certain areas of my very unique case dismissed – saving me thousands of dollars in the process. While I hope I never have to, I will surely be recommending Wolf Law as DUI representation to any of my friends and family in the future.

— Anonymous

AMAZING LAWYER

Mr. Wolf was recommended to me through my cousin. I was facing a very serious legal matter and Mr. Wolf was amazing. He explained everything to me in detail. He listened to my questions and was very helpful. I am so thankful that he was my lawyer.

— Amy K

Jeffrey Wolf is an Exceptional Defense Attorney

From my very first conversation, I knew that I was in good hands being represented by Jeffrey Wolf. He was extremely honest about my situation and gave me clarity about possible and likely outcomes, never sugarcoating anything. Mr. Wolf has excellent communication skills as he explained all the aspects of my case to me in great detail. He skillfully navigated me through the most difficult and stressful event of my entire life while always exhibiting concern for my personal wellbeing throughout the process.

I couldn’t have asked for a better attorney to represent me. Mr. Wolf was great during negotiations with the DA, great in the court room (which was always done via WebEx), always very calm and confident, but firm and never let himself get pushed around by anyone. As a result, Mr. Wolf negotiated a much lower sentence with the DA which allowed me to avoid prison time enabling me to be home with my wife and continue watching out for my 91 years old father.
Thank you, Mr. Wolf!

— Mike Forstner

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.

Jeff Wolf was Well Worth the Investment

When you get charged with a crime it is tough to deal with, mostly because you are embarrassed and disappointed with yourself for what you have done. I was charged with theft and was very worried about what type of impact that would have on my business professional career when applying for jobs. I contacted a few lawyers but knew that Jeff was the right direction to take. He made me feel more at ease knowing that people make mistakes and that this would not effect my whole life. He was very helpful and quick to respond to any questions or concerns that I had.

During my time with Jeff he made me feel very comfortable and I knew going into everything what to expect, what to say, and how to present myself. Whether you hire a lawyer or not is your own decision. But to me what Jeff was able to provide was well worth it. I literally told him my story, how I felt and what type of outcome I was looking for on the first day. Besides showing up with him to court he did everything else and took care of everything. We were sentenced to the verdict that we were looking for and now I can move forward and put this case behind me. Thanks for all your help Jeff it was much appreciated.

— Nick

Best in the business

Working with Mr. Wolf was an absolute privilege. Having never been in trouble with the law before, Jeff was there for me each step of the way from the day before I turned myself in, to the very end of my case, which he was able to help me get dismissed.

A true professional, he was nothing but honest and fair to me. He showed me and my family the utmost respect through a difficult time. At a point when I felt alone, Jeff was there to make sure I would be ok.

He is true to his word, and each step of the way, he and his team will keep you informed on any and all items that need to be addressed.

Because of Mr. Wolf, I can continue with my life and move forward. Thank you, Jeff Wolf, and everyone at the firm. If anyone I know ever needs a defense attorney, I will recommend the best in Colorado. Wolf Law.

— John

The Best Lawyer I’ve Ever Come Across

I got my first DUI in April when I fell asleep in my car because I couldn’t get inside my house. I knew I needed a lawyer to help me fight the case but I was really hesitant on who I wanted to hire. I came across Jeffrey Wolf and I couldn’t be any happier that I chose him to represent me. Jeffrey is not only very professional but he can also relate to you on a personal level. Since it was my first offense I had no idea what to expect or what I was doing. He guided me through the whole process and I was very pleased with the results. He was able to convince the Judge to let me off with 6 months of unsupervised probation and level 1 education classes. Jeffrey is very loyal and a wonderful lawyer, definitely hiring him again if need be.

— Anonymous

Case commitment

Thank you! Cassandra helped me through every step of the way. She was extremely flexible and answered anything i could ask. She was the biggest and nicest help I could ask for, on top of being resourceful she got my case done earlier than the state said. I would highly recommend Cassandra to any one she was amazing.

— Kyler A Witt