Defending Against Serious Assault Charges in CO

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 or court or the evidence is so stacked against you that it isn’t worth fighting.

Regardless, it is vital 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.

Don’t wait! Schedule your consultation by calling (720) 548-2990 today.

Assault Charges in Denver

Assault is one of the most common criminal charges levied against people in Colorado, while fines start at $500, they can go as high as $750,000, and even the lowest level assault charge in our state carries with it the possibility of a 6-month incarceration. Even those who only receive the proverbial slap on the wrist still must 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 assault lawyer for 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 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 mean. To truly understand your assault charge, you must 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

3rd 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 $500 to $5,000. 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.

2nd Degree Assault. This form of assault is quite a bit more complicated. The prosecution has 6 different ways to prove that second-degree assault occurred. Anyone found guilty in one of the first 4 ways will face a mandatory minimum sentence of 5 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 have fines ranging from $2,000-$500,000.

1st 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 1st-degree assault if the prosecution can prove:

  • You intended to seriously injure someone (and accomplished that goal).
  • You intended to permanently disable or disfigure someone (and accomplished that goal).
  • 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.
  • 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.

Menacing Charges

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.

Assault Lawyer, 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 assault cases, that’s something Denver assault lawyer, 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 assault lawyer 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.

Law Office of Kevin Cahill is ready. Call our Denver assault lawyer at (720) 548-2990 to schedule your free consultation and start protecting your rights immediately.

1st-Degree Assault

Assault is one of the most common criminal charges filed in Colorado, and 1st-degree assault is the most serious form of assault charge that can be levied against a criminal defendant. Under Colorado statute CRS 18-3-202, you can be charged with 1st-… Read More

2nd-Degree Assault

2nd-degree assault is the second most serious form of assault in Colorado. It is most often charged when a person uses a deadly weapon to injure someone else. 2nd-degree assault is less serious than 1st-degree assault, which is typically charged when… Read More

3rd-Degree Assault

3rd-degree assault is the lowest level assault charge in Colorado. It is a Class 1 misdemeanor punishable by up to 2 years in jail and fines from $500 to $5,000. To prove a case of 3rd-degree assault, the prosecution must show that you intentionally… Read More