An assault charge in Colorado is a very serious accusation that could result in decades of prison time.
At The Dadvocates, we understand that many men accused of assault are innocent, and we protect their rights in court.
Choosing the right lawyer for your defense could be the difference between freedom or imprisonment. Why are we the right law firm for you?
Why You Should Choose Us for Assault Defense
Committed to You
When you hire our defense lawyers, we will dedicate our complete attention to your case. We will honestly identify your best possible outcome, and then we will do whatever it takes to achieve it, even if that means we go all the way to a jury trial.
Record of Success
Our assault lawyers are very well-regarded in the criminal defense community because our law firm has been on the winning side of numerous high-profile cases over the last decade. Our team brings a wealth of legal knowledge and tried-and-true strategies to the table when representing you in an assault case.
Family Law Connection
For fathers, especially divorced fathers, felonies or misdemeanors like assault charges can have major implications on your parenting arrangements. Ex-spouses can use these charges to argue for full custody or restraining orders that may prevent dads from seeing their children at all. At The Dadvocates, our defense lawyers work alongside our award-winning family law attorneys to defend your rights in both criminal and family court.
Charged with Assault? You Need Our Help
Give Yourself a Fighting Chance Schedule a Consultation Today
If you have been charged with assault in Colorado, you should seek the assistance of a credible defense attorney as soon as possible. The stakes are too high to leave your case up to a public defender who will try to get you through the system as quickly as possible by advising you to plead guilty. You need a law firm like The Dadvocates that will really get to know you, carefully study your case, and protect your rights in court.
The first step towards hiring our attorneys is to request a consultation with us. We can conduct your initial consultation in person or by video or phone call. You can easily request a consultation by contacting us online or calling (720) 749-2876.
Call The Dadvocates: (720) 749-2876
Dads Give Us 5 Stars "Highly Recommended"
If you want to defend your rights as a father, you've come to the right place. I could not ask for better representation than Kaitlyn Wright and her team. She was nonjudgmental, compassionate, and made everything clear during this difficult process. I have dealt with other lawyers that just go through the motions of the case, but Kaitlyn is truly invested in obtaining the best result for you, which is not always the easiest for a dad in today's system. Highly recommended!!View on Google
Samera Habib is a consummate professional who takes her responsibilities personally and handles her affairs diligently and with integrity. Her clear thinking and open-minded approach gives her a distinct advantage over most of her peers. Always very responsive and incredibly polite, her demeanor and optimism make interacting with her delightful. She is very well prepared for meetings, highly organized and very creative. I recommend Samera Habib enthusiastically and without reservation.View on Google
Assault Law in Colorado
When it comes to assault cases in the state of Colorado, the law can be complicated, vague, and very open to interpretation. There are three degrees of assault in our state, and it is important to understand which one you are charged with. The basics of each charge are explained in the following table:
|First-Degree Assault||Class 3 Felony||First-degree assault is usually defined as intentionally causing serious bodily injury with a deadly weapon.*||Up to 32 years in state prison and/or up to $750,000 in fines|
|Second-Degree Assault||Class 4 Felony||Second-degree assault is usually defined as intentionally causing bodily injury with a deadly weapon.*||Up to 16 years in state prison and/or up to $500,000 in fines|
|Third-Degree Assault||Class 1 Misdemeanor||Third-degree assault is usually defined as recklessly or negligently causing bodily injury with a deadly weapon.*||Up to 2 years in state prison and/or up to $5,000 in fines|
*These are the most common examples of these degrees of assault; however, a wide variety of other factors can affect how your charges are categorized, including intent and whether the person assaulted was an "on-duty official."
Gray Areas Everywhere
As you can see, the definitions of the different felonies and misdemeanors are very fuzzy. For example, the difference between a second-degree charge and a first-degree charge is whether the injury is "serious." Also, the difference between intentional acts and reckless acts can sometimes be a very fine legal line. Fortunately, these loose definitions can often be interpreted favorably for the accused in Colorado. Our lawyers can navigate these legal gray areas so our clients face the least serious charges possible.
Examples of Assault
It can be considered assault in Colorado if a person harms a victim by:
- Striking with a vehicle
- Throwing objects
First-degree or second-degree assault charges can also be referred to as "aggravated assault" in Colorado.
Client Testimonial 5-Star Review
I called Dadvocates to find legal advice about a particular sensitive situation I was dealing with. I don't typically like calling law firms because I find they provide minimal advice while running up my tab. But in this case, Jason and Kaitlyn really helped me out... These two attorneys are very professional and I really believe they have their clients' best interest in mind.
Joey Hoisescu - 5-Star Google Review - 2020
Defending Men Throughout Colorado
The Dadvocates are the only lawyers in Colorado focused on defending the rights of men. We defend men charged with assault all over the state from our offices in:
- Colorado Springs, El Paso County
- Crested Butte
- Glenwood Springs
- Grand Junction
- Steamboat Springs
If you are not able to meet in person with our criminal defense lawyers, we also offer virtual consultations and remote representation. You can schedule your initial case review right now by contacting us online or calling (720) 749-2876.
Call The Dadvocates: (720) 749-2876
Assault Defense Strategies
You are falsely accused.
Men in Colorado are falsely accused of assault all the time. If there is simply no credence to the criminal charges against you, our attorneys will work tirelessly to collect physical evidence, photo and video evidence, and eyewitness testimonies to prove to a judge or jury that you never assaulted anyone.
You acted in self-defense.
You are always within your rights to defend yourself if you are physically attacked or threatened. If this describes your situation, our assault lawyers will work with you to build a rock-solid case that physical force was your only recourse to defend yourself.
The incident was accidental.
Intent is the key factor that can differentiate a felony from a misdemeanor. If you caused harm to someone accidentally, you shouldn't face penalties intended for cold-hearted criminals. The attorneys at our law firm can argue in court that the event in question was unintentional and deserving of less severe consequences.
You acted in the "heat of passion."
The Colorado laws defining both felony and misdemeanor assaults afford reduced penalties to individuals who act "upon a sudden heat of passion." For example, if you got in a fight with another man after finding him on a date with your wife, we can argue that you were responding to a "highly provoking act" and help you face less severe assault charges.
Be There for Your Family
Reviews From Satisfied Clients "Trust that you will be in great hands with The Dadvocates"
Kaitlyn, Samera, and their team are truly amazing. They will fight hard for what is right, and the firm truly is experts in high conflict cases. My case lasted over a year and their team was always very attentive to my questions and concerns. If you want what is best for your child, or have an ex who is trying to take advantage of you, trust that you will be in great hands with the Dadvocates. During trial they were very well organized and they did all they could to fight for what was fair. They are very professional and courteous. Divorce/custody was the most stressful event in my life, the firm did all they could to take the weight off my shoulders and put my mind at ease. Truly thank you all for all your efforts in this case!View on Google
From start to finish this was an amazing experience. Kaitlyn was hired to modify Parenting Time and Child Support from a Alabama divorce decree to having the jurisdiction moved to Colorado. She made me feel very comfortable throughout the entire process. My case was a difficult case over state lines. She is very quick to respond to all my inquiries and concerns. Through the thorough preparation for trial, she helped me feel at ease before walking into the court room. Kaitlyn was the epitome of professionalism throughout the entire process. Kaitlyn was successful in having the jurisdiction moved to Colorado, and coming out of court, we received the most the judge would give. We are very satisfied with the outcome and plan on continuing using Kaitlyn in the future. I would highly recommend Kaitlyn!View on Google
Colorado Assault FAQs
What is considered a deadly weapon?
The criminal penalties for assault in Colorado become much more severe when a deadly weapon is involved. Colorado Revised Statutes (CRS) 18-1-901 defines a deadly weapon as "a firearm, whether loaded or unloaded; or a knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury." In reality, under this broad definition, almost any item can be considered a deadly weapon.
Can an assault conviction be sealed?
Sealing a criminal conviction hides it from public view, meaning it won't appear when a potential employer, landlord, or lender runs a background check. Unfortunately, as a Class 3 felony, a conviction for first-degree assault can never be sealed. On the other hand, convictions for second-degree or third-degree assault can be sealed three years after the case ends. Of course, if the assault charges are dropped or dismissed, those records can be sealed immediately.
Can an assault conviction lead to deportation?
Yes. Non-citizens who are found guilty of assault, domestic violence, or other violent crimes are subject to deportation. If you are not a U.S. citizen and you are charged with a crime in Colorado, you should consult with a criminal defense lawyer as soon as possible.
What is the statute of limitations for assault charges?
After an alleged assault, prosecutors must file felony charges within three years of the date of the incident. Misdemeanor charges must be filed within 18 months of the incident. However, it's worth noting that alleged victims of domestic violence have up to six years to file a civil suit against their alleged abusers.
We Are Not Afraid of Court
Misdemeanor Charge vs. Felony Charge
Violations of the law in Colorado are categorized as misdemeanors (less serious) or felonies (more serious). When it comes to assault charges, what primarily distinguishes a misdemeanor charge from a felony charge is if the defendant intended to harm the alleged victim. The assault lawyers at The Dadvocates can negotiate with the prosecutors of a case when appropriate to have felony charges reduced to misdemeanor charges.
Bodily Injury vs. Serious Bodily Injury
Causing bodily injury to someone can result in second-degree assault charges, but causing serious bodily injury can result in first-degree assault charges. CRS 18-1-901 defines bodily injury as "physical pain, illness, or any impairment of physical or mental condition." A bodily injury becomes a serious bodily injury when there is a "substantial risk" of death, disfigurement, or disability. Fractures and second- or third-degree burns are considered serious bodily injuries.
Intent vs. Recklessness vs. Criminal Negligence
The charges brought against you, and the potential penalties you face, will be determined in large part by your intent to injure the alleged victim. While the definition of "intentional'' is obvious, the distinction between "recklessness" and "criminal negligence" can be confusing. Recklessness is when you are aware that an action is risky, but you do it anyway. You act negligently when you are not aware that an action is risky, but you reasonably should know it is.
Book a Consultation
The criminal defense team at The Dadvocates is ready to review your case and advise you on the best way to proceed. Our lawyers have offices in Denver, Colorado Springs, and several other locations throughout the state. We also offer remote representation and virtual consultations. You can schedule a conversation with our lawyers right now by contacting us online or calling (720) 749-2876.
Call The Dadvocates: (720) 749-2876
Helping Dads Across Colorado They know the law well and how to help dads in their hardest of times"
My experience working with Kaitlyn Wright has been nothing but phenomenal. During the case she kept me well informed and did an excellent job representing me in court. I would highly recommend the Dadvocates as a father for they know the law well and how to help dads in their hardest of times.View on Google
Thanks for all of your help in getting my divorce resolved. Your help and assistance was very valuable in assuring that everything was taken care of in the best manner. I appreciated it as my life went through the transition.View on Google
If the alleged victim of an assault is or ever has been in an intimate relationship with the accused, then a domestic violence sentence enhancer will be added to the assault charges. A domestic violence charge greatly increases the severity of the potential penalties and automatically leads to a protective order.
Any alleged violence against a child under 16 years old will be considered child abuse and will be fast-tracked through Colorado's criminal courts. Men found guilty of child abuse face years in prison, thousands of dollars in fines, and limited access to their children.
Menacing, known as "battery" in other states, is the crime of putting another person in fear for their safety through threats or actions. Depending on whether a deadly weapon was involved, menacing can be charged as a misdemeanor or a felony. Menacing charges often accompany assault charges.
A victim's death will lead to charges of homicide. Colorado has multiple homicide crimes, including first-degree murder (the most serious), vehicular homicide, and manslaughter. Of course, the penalties for homicide are severe, but the same defenses that apply to assault charges can apply to homicide charges.
The Father's Rights Law Firm Call Us Today
As lawyers wholly dedicated to defending men in Colorado, The Dadvocates are uniquely qualified to represent fathers charged with assault. If the prosecution attempts to use sexist stereotypes to paint you in a negative light, our lawyers can counteract these narratives and make sure that you are treated fairly.
To schedule a consultation with Colorado's only men's rights law firm, contact us online or call (720) 749-2876.
Call The Dadvocates: (720) 749-2876
Why Our Clients Recommend The Dadvocates "Kind, knowledgeable and professional"
Going through divorce was one of the most challenging events during my lifetime. Samera helped me through this difficult time and got me what I wanted.View on Google
Jamie is incredibly kind, knowledgeable and professional. I would absolutely recommend the Dadvocates for your legal needs.View on Google