• 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yard or has left the premises, the relatively low threshold that allows for use of deadly force under Make My Day is no longer in effect.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 of 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

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.

A Second Chance

I cannot express enough gratitude for the exceptional legal representation provided by Attorney Monahan. Facing a daunting traffic case that left me feeling like my life was over, she stepped in and truly became my lifeline. Her expertise, dedication, and unwavering support not only secured a favorable outcome but also gave me a second chance at life.

Throughout the entire process, she exhibited professionalism and empathy, understanding the gravity of the situation while also believing in the potential for redemption. Her strategic approach and meticulous attention to detail were evident in every aspect of my case, ensuring that no stone was left unturned.

I want to emphasize that I am in no way undermining the seriousness of my actions or the potential consequences. However, thanks to her skillful advocacy, I am now able to move forward with renewed hope and determination.

I wholeheartedly recommend her and the entire team at Wolf Law to anyone in need of legal representation. Their commitment to their clients’ well-being and their relentless pursuit of justice truly sets them apart. Thank you Cassandra Monahan for giving me a second chance and for your unwavering support every step of the way.

— Andy

Colleen Kelley, Esq.

Wolf Law Firm, LLC was not recommend to me by anyone, but as it turned out, was the best choice I could have made!

While searching for a lawyer for my two cases, a DUI and a trespassing felony, an understatement to say how scared I was! Wolf Law Firm caught my eye and, truthfully, it was because their firm provided a free consultation, which is invaluable in and of itself. Colleen Kelley is the attorney that picked-up the phone that day. After talking with her, I made the choice to hire her as my attorney.

We got off to a rocky start, mainly because of my inability to realize just how severe my situation was. Then, one day, Colleen just laid it on the line for me, my obvious unwillingness to face what was happening and the fact I wasn’t facing my drinking issues. It was a conversation that she was bold enough to have with me. Thanking her a million times over isn’t enough for the fortitude she had that day, not only as my attorney, but as a person genuinely concerned.

OUR outcome was more than phenomenal thanks to her diligence! I am, and will always remain, emotionally indebted to Colleen for her courage, kindness and overall, being an awesome attorney.

The day I came across Wolf Law Firm was the day, as it turned out, my life has a new beginning.

— Shelly O'Hayre

Much Appreciation!

After a misread medical record, I was wrongly accused of a serious crime. Even though doctors admitted that the nurse misstated the severity of an injury, law enforcement tried to destroy my life. Law enforcement threatened to take away my wife, my kids and my life. I called around to a couple of attorneys, and no one offered the type of first-class customer service that Jeff provided. He was immediately available. Throughout the process, Jeff was there to guide and protect me. He was always available. And, after a long journey together, we found justice and freedom. During the process, I found Jeff to be intelligent, determined and highly personable. I strongly recommend Jeff!

— Anonymous

Ms. Kelly was a professional rock for us!

We found ourselves in an unimaginable situation with criminal charges pressed against my husband relating to a firearm. We were both petrified. Especially with the gun climate we find ourselves in. Neither of us had ever been in trouble with the law and after a terrible accident, we found just that. Ms. Kelly is extremely professional and knowledgeable of the legal system. She took the time to explain everything to us and prepare us for what would follow.

We are happy with the outcome of the case and would highly recommend Ms. Kelly to anyone who may find themselves in our situation.

— The Taylors

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.

Professional and Honest

I was worried about looking for a lawyer because I have never done so before, but Jeff Wolf made it super easy for me and I couldn’t have been more happy with his services. He called me anytime something happened with my case or needed anything from me. He got me out of a 10 day jail sentence which really helped me since I started school this week. Honestly it was nothing but a professional and honest experience.

— Robert A.

I Was Very Well Represented by Jeff

Regarding a DV assault charge, Jeff was able to have the judge do something he stated he’d never done in any similar case: he deferred my sentence, reduced probation, reduced the amount of classes I would have to take from being many weeks on end to 2 days, and instead of requiring a no-contact order (which would have left me homeless and unable to speak to my partner via any means), he placed me on a no-contact order with alcohol… That alone was the best thing I could hear.

Without going into details of my case, this was the best possible outcome I could have been given, and I’m so happy that I was recommended to him by a fellow law professional that went to school with Jeff. I will be using him again when the time comes to put this case behind me for good, and would recommend him to anyone who needs expert defense, and wants someone to explain your case in simple, yet professional terms. I felt very well taken care of. Thank you again, Jeff!

— Laurie A.

Professional, Passionate and Knowledgeable

This was my first experience with the law, and Jeffrey Wolf did a fantastic job of guiding me and my family through this. He was always available to answer any concerns I had, realistic in terms of what we were looking at, and passionate about getting us through this. He truly took my case to heart and was a lifesaver through a trying time. Thanks to him, I still have a chance to succeed in my career and lead a normal life!

— Tyler C.

So Glad I Hired Jeff Wolf for My DUI Case

I was originally considering not hiring an attorney since this was my first DUI offense but I’m definitely glad I did. It was my first DUI but I was involved in a one-car accident and totaled my car. I started to worry about the possible consequences after reading the penalties online. I contacted Jeff’s office after reading reviews on AVVO left by other clients. From the beginning he was very straightforward regarding possible penalties and possible outcomes, and gave me the details of what he would do if I hired him.

We worked out what strategies we would use for the DMV and Court. Without going into too much detail, I have to say that I was extremely happy that I decided to hire Jeff. Immediately after hiring him I felt a lot less stress about the whole situation. He was always in contact with me every step of the process and even did things for me that I didn’t have to do myself, like my DMV hearing.

Every DUI case is different based on many different circumstances, so I can’t say that my results will be yours, however I was extremely happy with my results. He won my DMV hearing, and I didn’t lose my license and got pretty much the minimum penalties in court. Overall, I would recommend him to any family or friends who find themselves in the same situation. I have several friends who had similar situations who couldn’t believe how lucky I was to get the outcome that I did. Thank you for everything Jeff!

— Daniel G.