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Castle Rock Assault Lawyer

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Castle Rock Assault Attorney

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If you’ve been accused of assault, the ramifications can be life-changing. As concerning as this situation may be, know that you have options. While no one can guarantee an outcome, understanding the charges, building a strategic defense, and securing experienced legal counsel significantly improves your chances of the best possible resolution.

Understanding the Charges Against You

Assault allegations range from misdemeanors to serious felonies, so first, you’ll want to understand precisely what you’ve been charged with. In Colorado, assault involves threats or actions meant to cause bodily injury without physical contact. Battery refers to offensive touching without consent. Domestic violence charges apply when such conduct occurs between certain family members, partners, etc. Penalties upon conviction depend on the classification but can include fines, probation, and prison time.

castle rock criminal defense attorney

Sentencing and Penalties Upon an Assault Conviction

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If convicted of assault in Colorado, the penalties upon sentencing will depend on the classification and any aggravating factors. To understand how state laws outline sentencing for different assault crimes, see the following overview:

Charge Classification Potential Penalties Explanation
Simple Assault Class 3 Misdemeanor Up to 6 months jail, up to $750 fine Knowingly or recklessly causing bodily injury to another person
3rd Degree Assault Class 1 Misdemeanor 6-18 months jail, $500-$5,000 fine Knowingly or recklessly causing bodily injury with a deadly weapon
2nd Degree Assault Class 4 Felony 2-6 years prison, $2,000-$500,000 fine Intentionally causing serious bodily injury, with a deadly weapon, while under the influence of controlled substances
1st Degree Assault Class 3 Felony 4-12 years prison, $3,000-$750,000 fine Intentionally causing serious bodily injury under circumstances manifesting extreme indifference to human life, by means of a deadly weapon or poison
Vehicular Assault Class 4 Felony 2-6 years prison, $2,000-$500,000 fine Causing serious bodily injury while operating a motor vehicle, aircraft, or watercraft in a reckless manner
Assault on the Elderly or Disabled Class 4 Felony 2-8 years prison, $1,000-$500,000 fine Assaulting a disabled or elderly person
Domestic Violence Related Assault Mix of Misdemeanors & Felonies Per the underlying charge, specialized sentencing Assault committed against certain family members or intimate partners

The above table summarizes potential sentencing guidelines per Colorado statutes based on the type of assault and its classification. Penalties can involve jail time, substantial fines, probation, counseling, and other requirements.

Building an Effective Defense Strategy

Now that you understand the statutory sentencing guidelines, the next step is building an effective defense strategy focused on achieving the best possible outcome, given the circumstances of your specific allegations.

A thorough investigation into the circumstances surrounding the allegations is imperative. Were there any witnesses? Is there evidence like security footage? Viable defenses like self-defense or defense of loved ones may also exist. An attorney can negotiate with the prosecution, bringing mitigating factors to light in pursuit of reduced or dismissed charges.

Possible Alternative Resolutions

Through plea bargaining, charges can potentially be reduced or even dismissed through pretrial negotiations. Alternative programs like deferred judgments or diversion may also be secured, avoiding formal conviction.

Mitigating Factors That May Reduce Sentencing

If convicted of assault, the sentence imposed can potentially be reduced if your criminal defense attorney effectively presents mitigating circumstances to the judge. Several factors may influence a judge to lighten the sentencing, including:

  • Lack of any prior criminal record. First-time offenders generally receive lighter sentences than repeat offenders. A clean history demonstrates that the behavior was an aberration and not part of an ongoing pattern.
  • Willingness to participate in applicable counseling and treatment programs. Voluntarily attending anger management courses, substance abuse treatment, or domestic violence intervention shows the defendant is committed to rehabilitation and behavior change. This can persuade a judge to offer probation rather than jail time.
  • Apologizing and making amends with the victim. While defendants should not admit guilt before trial, once convicted, expressing genuine remorse and making restitution can help reduce sentences.
  • Health conditions that would make incarceration overly burdensome. Severe medical issues may compel lighter sentencing.

In summary, sentencing is at the judge’s discretion. The more compelling mitigators an experienced defense lawyer can present to the court, the greater the chance of minimizing the penalties.

The Benefits of Working with a Criminal Defense Attorney

Securing experienced legal representation early in the process is critical to protecting your rights and increasing the chances of the best possible outcome. A knowledgeable criminal justice attorney will be your advocate from the start through every stage of the legal process.

A dedicated lawyer can conduct a thorough, independent investigation into the circumstances surrounding the allegations. They can interview witnesses, gather physical evidence, review police reports and subpoena records, and build a comprehensive understanding of the alleged events.

An attorney experienced in criminal law will also know how to construct the strongest defense strategy based on the specifics of your case. They can identify any viable legal defenses that may apply, such as self-defense, defense of others, false allegations, or lack of criminal intent.

Your lawyer will negotiate skillfully with prosecutors on your behalf, bringing mitigating factors to light and pushing for reduced charges or even a full dismissal pre-trial if warranted. They know how to work the legal system to achieve the most favorable outcomes. Throughout the process, your attorney will advise you on the law, your rights, and the best legal strategies. Their expertise in building defenses, negotiating pleas, and fighting for defendants in court dramatically improves the odds of success. Don’t go through the justice system alone.

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

Colorado criminal procedure

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  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

Frequently Asked Questions

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What if I was charged with assault after acting in self-defense?

If you acted in self-defense or defense of others against a perceived threat, assert this right away, and an attorney can build your defense accordingly.

Can I be charged even if the victim doesn't want to press charges?

Yes, the state may still pursue criminal charges without cooperation from the alleged victim. This is common in domestic violence cases.

Can juveniles be tried as adults for assault?

Yes, juveniles risk being charged as adults depending on circumstances like severity and prior records.

Experienced Criminal Defense Lawyer

Contact a Castle Rock Criminal Defense Lawyer Today

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Facing assault allegations can be an overwhelming and terrifying experience. The prospect of life-altering consequences like jail time, criminal records, and reputation damage can feel devastating.

But you still have options. The skilled former prosecutors at Right Law Group have helped resolve thousands of criminal cases across Colorado. Our attorneys offer relentless, creative, and strategic defense designed to unearth every possibility for dismissal, reduction, or alternative resolution. Clients rave about our tenacious advocacy, with over 500+ five-star reviews.

Whether it’s meticulously investigating the allegations, asserting strong affirmative defenses, or negotiating masterfully with prosecutors – we bring decades of combined experience to protecting your future. And with 3 offices to choose from, we make high-caliber legal representation convenient.

Don’t leave your rights and your liberty unguarded. Schedule a free consultation today with our law office to help you take the first steps toward the most favorable outcome possible.

Areas Served

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El Paso County

Douglas County

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Arapahoe County

  • Centennial
  • Englewood
  • Greenwood Village
  • Cherry Hills Village
  • Foxfield
  • Sheridan
  • Columbine Valley
  • Byers
  • Southglenn
  • Castlewood
  • Peoria

Pueblo County

Teller County

Fremont County

  • Coaldale
  • Cotopaxi
  • Hillside
  • Howard
  • Texas Creek
  • Wellsville