Assault & Aggravated Assault Lawyer in Denver
Assault Charges Require a Vigorous Defense
Getting hit with assault charges in Denver comes as quite a shock to many people, and they’re not quite sure how to react. Depending on the circumstances, you might feel like the charges are ridiculous and that there’s no sane way that they’re going to stand up in court or that the evidence is so stacked against you that it isn’t worth fighting.
Regardless of the circumstances, it is vital that you put up a vigorous defense. How do you do that? By calling Kevin Cahill, an aggressive and knowledgeable Denver assault lawyer. No matter what the circumstances of the case, Mr. Cahill believes that everyone deserves to have their rights protected with the best possible defense, which is why he has devoted his legal career to defending those charged with criminal activity.
Assault is one of the most common criminal charges levied against people in Colorado, but just because it happens a lot doesn’t mean that it isn’t incredibly serious. While fines start at only $50, they can go as high as $750,000, and even the lowest level assault charge in our state carries with it the possibility of six months of incarceration. Even those who only receive the proverbial slap on the wrist still have to return to their normal lives with a criminal record, something that can severely limit your ability to get a good job, find housing, qualify for a loan, and more.
Luckily, the flip side of this is that a knowledgeable, experienced defense lawyer for assault charges like Kevin Cahill. He knows how to fight allegations of violence so the district attorney will face an uphill battle trying to prove your guilt.
Assault Laws in Colorado Explained
One reason that so many Coloradans are surprised when they find themselves facing an assault charge is that they don’t really understand what the laws regarding assault means. To truly understand your assault charge, you have to break the law down. Below is an in-depth explanation of what each type of assault charge in Colorado means and what the consequences of a conviction may be.
Fines, Penalties & Jail Sentencing
Third Degree Assault. The lowest assault charge is a Class 1 Misdemeanor that carries with it a possible jail sentence of up to 2 years, and fines that range from $1,000 to $100,000. To be found guilty of third-degree assault, the prosecution needs to show that you intentionally or recklessly cause another person to suffer bodily injury. The injury does not need to be serious – it just needs to happen and you need to be the cause.
Second Degree Assault. This form of assault is quite a bit more complicated. The prosecution has six different ways to prove that second degree assault occurred. Anyone found guilty in one of the first four ways will face a mandatory minimum sentence of five years in prison, because those crimes fall under the state’s Crimes of Violence statute.
- Someone intentionally causes bodily injury to another person by using a deadly weapon.
- Someone intentionally causes bodily injury to another person.
- Someone recklessly causes bodily injury to another person by using a deadly weapon.
- Someone tries to prevent a peace officer from doing their job, and the result is that another person comes to bodily injury.
- Someone “applies physical force” to an officer of the law while they are attempting to perform their duty.
- Someone drugs another person without their consent.
Overall, second degree assault charges are labeled Class 4 Felonies, carry prison sentences of 2-6 years, have 3 years of parole, and fines ranging from $2,000-$500,000.
First Degree Assault. If you are charged with first degree assault, you will be up against a Class 3 Felony that carries with it a mandatory minimum sentence of at least 10 years of prison time, 5 years of parole, and fines that range from $3,000-$750,000. You can be found guilty of first degree assault if the prosecution can prove either:
- That you intended to seriously injure someone (and accomplished that goal).
- That you intended to permanently disable or disfigure someone (and accomplished that goal).
- That you knowingly acted in a way that put another person at great risk of death and display an indifference to human life, despite having caused serious injury.
- That you intended to cause serious bodily injury to a firefighter or peace officer or threatened them with a deadly weapon while they were trying to do their job.
As you can see, the different charges and punishments are related to the extent and nature of the injuries, as well as the intent of the person who allegedly committed them.
Beyond these charges, there is also the related charge of menacing. To be charged with menacing, you don’t even need to actually hurt anyone – you just have to threaten harm and cause them to be afraid. The act of menacing is labeled a Class 3 Misdemeanor, but it can jump up to a Class 5 Felony if a deadly weapon was involved in the act – even if you’re just acting like you have such a weapon.
Kevin Cahill Knows How to Fight Your Assault Charges
Of course, the real trick is knowing how to fight back against your charges so that you can increase your likelihood of getting them reduced or even dropped altogether. From his years of defending these kinds of cases, that’s something Denver criminal defense Attorney Kevin Cahill understands intimately.
- Self-defense. If you only hurt someone because you were acting to protect yourself, this shouldn’t be labeled an assault. Mr. Cahill can help to gather evidence to support this argument.
- Witnesses are mistaken. Did you know that eyewitnesses are surprisingly unreliable? It’s true. Objective studies have found that people often remember the exact same event in strikingly different ways, and Kevin Cahill knows how to cast doubt on this kind of testimony against you and show that those witnesses couldn’t even have seen what they claim.
- You didn’t cause the injury. Sometimes people cry assault after getting hurt, even though the injuries they suffered had nothing to do with the person they’re blaming. If you didn’t actually physically hurt someone, tell your lawyer immediately so that they can find witnesses and other evidence to back you up.
- Victim’s motive. Let’s say someone accuses you of pushing them down and causing them to hit their head. Sounds bad. And your argument that they confronted you and slipped probably doesn’t sound too convincing. But if your lawyer can show that the alleged victim is actually your girlfriend or boyfriend’s ex and that they have been actively trying to rekindle that romance and paint you in a bad light, suddenly the charge doesn’t look so strong.
- Your mental state. The various degrees of assault each require that the district attorney be able to prove that you were in a specific mental state in order to be found guilty. Kevin Cahill knows how to cast doubt on any “proof” that the DA provides for how you were feeling.
The Law Office of Kevin Cahill is ready. Call our Denver assault attorney at (720) 548-2990 to schedule your free consultation and start protecting your rights immediately.