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yard or has left the premises, the relatively low threshold that allows for use of deadly force under Make My Day is no longer in effect.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

Services with Jeff

Jeff accepted a traffic violation case with not a ton of time to prepare. He provided clear instructions on how to proceed with the initial hearing in order for this individual to receive an extension and time to gain attorney representation. From there, he continued take the extra steps necessary to not only communicate effectively and clearly but also provide a level of advocacy that was necessary for this vulnerable individual! Thanks Jeff — Your work, patience and understanding is greatly appreciated!

— Nicole Young

Wolf Law Office Amazing team!!!

I had been referred to Jeff from a family member and sure glad I was. Jeff takes his time to make sure I was aware of what is going on. Very kind and professional, great at what he does on helping people. Thank you Jeff for all your hard work.

Also thank you to Cassandra for also handling the DMV side I can’t tank you enough for helping me with that also.

— Jordan M.

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.

Very pleased with service

Ms. Monahan was professional, answered all my questions, and ended up achieving the desired outcome. I highly recommend her personally and Wolf Law.

— R.N.

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

Highly Recommended

First of all, I would like to thank Colleen Kelley and all the staff at Wolf Law for helping me greatly with my legal matters. I called and was able to get consulted that same day, and the prices are very manageable. Colleen did an awesome job and took her time reviewing all the evidence and negotiating with the DA. In my first case she was able to get the charges completely dismissed, which was very impressive. I had a second case where she got me a deferred judgment deal, which was great considering the charges pending. I am very pleased with her efforts and time spent working on my case. Again, I would highly recommend Wolf Law, giving them 5/5 stars!

— Michael

The Wolf

I’m incredibly grateful for everything Jeff has done for me. He treated me with respect, took the time to truly listen, and made a stressful situation feel manageable. I always felt supported and confident knowing he was in my corner. I can’t recommend him enough to anyone who wants an attorney who genuinely cares and delivers results.

— Dorean G.

Fantastic Attorney, Thorough and Knowledgeable

When I had charges pending against me, I had a free consultation with many attorneys and ultimately hired Jeff wolf as my formal representation. Most of the attorneys’ capabilities were relatively equal, but what stuck out with Jeff was his ethics and personal investment in my outcome.

From the beginning he tried to get a thorough sense of who I was in society and represent that to the judge for sentencing. In court he pleaded my case and balanced remorse for the action with any positive attributes to gain a favorable outcome. He is well spoken and respected in court.

I liked that his payment model worked through stages that he “earned” along the way. I had a clear understanding of what to expect from him, from the court, and the most likely requirements of my sentence. And when I didn’t understand or had additional questions on one part (and I had many) he took the time to explain and discuss the options and his recommendation with me.

He had a thorough knowledge of the system and its players as well as knowledge on unusual factors related to my specific case, and he made well-thought-out recommendations with reasoning but ultimately let me make the final decision.

The result of my case was quite favorable thanks to Jeff. Great lawyer, highly recommend.

— Pam

Wolf Law is your best option!

I’ve had the privilege of getting Jeff Wolf to represent me in my 1st DUI case. He did a great job explaining the case, the possible outcomes and overall getting good results. I highly recommend his services to anyone who has any moving violation infraction perhaps more and want to have the best results in court. Thank you Jeff.

— Marco

Jeff Wolf

I was very impressed with the services provided and knowledge of him, and his firm. His direct communication and direction were very helpful and very much appreciated.

Thank you.

— Steve Bares