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

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yard or has left the premises, the relatively low threshold that allows for use of deadly force under Make My Day is no longer in effect.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

Highly Professional

Jeffrey Wolf handled my traffic violation in a highly professional manner, giving it the same consideration and time as a more challenging case, during a very stressful time in my life. As soon as the accident happened, he was there to offer advice and help. He went to court for me, so I would not have to take time off of work to go. His care and concern for my well-being was top-notch. Thank you so much, Jeff!

— Carol P.

Very helpful with my legal issue – Highly recommend

Cassandra helped me through the process of of fighting a charge that was not correct. I could not have done it without her. She was very professional and explained the process before and during when I had to show up at court. The case was dropped..

Thank you Cassandra –

— CABeardsley

DUI Charge Reduced to Reckless Driving

I approached Mr. Wolf due to a first-time DUI charge. He was extremely knowledgeable and professional throughout every step of the legal process. As a result of his diligence in court, the charges against me were reduced to reckless driving. I would recommend Mr. Wolf’s services to my friends and family.

— Gina

Outstanding Law Firm

Wolf Law was very helpful in fulfilling my personal needs. Colleen Kelley knew how to approach my case and made me feel better about my results in the bargain. I would recommend her to anyone with criminal trouble; she is an amazing lawyer.

— Levi

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

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.

Professional & Effective

I worked with Cassandra P. Monahan (Associate Attorney) on more than one legal matter. Her communications were clear and non-judgmental. Transparency in progress and outcomes was above expectations. I am delighted with Cassandra’s and the firms service, created trust throughout the process.

Grateful for the professionalism and effective execution.

— Michael Perkins

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.

I Had a Great Outcome in My Case

Jeff Wolf was recommended to me by a colleague I have known since my youth. Accordingly, I met with Jeff. I also met with other attorneys in the Denver area in preparation for my legal issues. I decided to choose Jeff because I had a good feeling about him from the moment I met him and because his ethics and views regarding the vision for his legal practice were aligned with what I hoped for despite having no experience in the legal system previously.

This decision turned out to be one of the the best I have made in my life…literally. I cannot adequately express here how much Jeff’s hard work, determination, knowledge, professionalism, experience, and clear understanding of what I am certain he has a passion for (helping others beyond just being an attorney and defending clients in court) has meant for me. I think he has exceptional skills. I had a great outcome in my case due to the defense Jeff provided in court.

More importantly however, Jeff helped me manage the emotional and professional stress I felt. Jeff reassured me when I most needed reassurance, and ultimately, transform a situation I initially felt was a life changing event into a learning experience that I was able to navigate successfully through his precise and comprehensive guidance. I would recommend Jeff to any member of my family and certainly to anyone to whom his services would apply.

— C. Jackson

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