Denver Assault Crimes Lawyer
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 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 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
- 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
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
- 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.
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 assault
cases, that’s something Denver attorney, Kevin Cahill, understands
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.
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.