Breckenridge Assault LawyerClick For A Free Consultation
Are you facing assault charges in the Colorado mountains area? JB Katz, P.C. can assist you whether you are facing charges for aggravated assault, minor harassment, serious felony assault or even assault on a peace officer. I am an experienced Breckenridge criminal defense attorney, and I have 20 years of experience protecting the rights of clients facing a wide range of criminal charges.
What is Assault?
To know if you have assaulted someone in the state of Colorado, it’s important to understand what the definition of assault is. In the state of Colorado, there are different levels of assault.
First-Degree Assault: First-degree assault is the most severe form of assault you can be charged with. It is defined as injuring another person with the intent to cause serious bodily injury. First-degree assault is charged as a felony and can carry significant prison time if you are convicted.
Second-Degree Assault: Second-degree assault typically occurs when a person intends to cause bodily injury (as opposed to serious bodily injury) or that the person behaved recklessly, which resulted in serious bodily injury. Second-degree assault is also charged as a felony. The injuries suffered from second-degree assault are typically less severe than those caused when a person is charged with first-degree assault.
Third-Degree Assault: Third-degree assault is when a person doesn’t intend to cause any harm, but does so by behaving in a reckless or negligent manner with the use of a deadly weapon. This level of assault is charged as a third-degree misdemeanor, and is the least serious assault charge you can be faced with in Colorado.
Legal Defenses for Assault Charges in Breckenridge, Colorado
If you’re charged with assault, whether it’s the most serious level of assault or the least serious, you should speak with an experienced criminal defense attorney as soon as possible. They can help you in several ways and ensure that you have the best possibility of moving forward without a criminal conviction. One of the primary ways they can do this is by establishing a solid legal defense for your case. Some of the most common defenses to assault include the following:
Self-Defense: If you used physical force against someone as a means to defend yourself, this is a valid defense to raise in Colorado. In order for this defense to be successful, your lawyer must show that you reasonably believed it was necessary to use that force to protect against imminent harm, and you used a degree of force that was appropriate given the threat and the circumstances. In some circumstances, this means you could even legally use deadly force to defend yourself against assault.
It’s important to note that if you were the initial aggressor, you will not be able to use self-defense as a defense.
Falsely Accused: If you were falsely accused of committing an assault against another person, this is a valid legal defense that can be raised in court. This can be done by proving that you weren’t in the area at the time the assault occurred, or that even if you were, you were not the one who committed the assault. This defense could include an alibi, witness testimony, or even video footage.
The Contact Was Accidental: If you injured someone but the contact/the assault was unintentional, it’s possible that this could defeat the assault charge. If you acted recklessly but didn’t intend to assault or injure anyone, you could still be convicted but you would be charged with one of the less serious assault charges.
Conviction May Bring Mandatory Prison Time
With any felony assault charges, it is important to have aggressive criminal defense from the beginning. Assault charges can quickly escalate and bring stiffer penalties if complicating circumstances are involved.
For example, if you are charged with felony assault and charged with serious bodily injury or risk of permanent scarring, a conviction will bring a mandatory minimum prison sentence of five years or more.
Defending Your Reputation And Rights
When you retain me as your defense lawyer early in the process, I am able to analyze your case from all aspects and angles. I can look at possible complicating factors, such as the involvement of alcohol or the issue of self-defense.
Additionally, in serious cases, I know the importance of bringing a professional investigator onto your defense team. An investigator can look at the incident as a whole, the detailed circumstances and the character of the individual who has accused you.
Contact a Breckenridge Assault Attorney
Providing only criminal defense services, I am dedicated to protecting those charged with assault in the Colorado mountains area. Please call my Breckenridge office at (970) 453-5533 or send me an email for a free initial consultation. If you are not from the area, I can file a plea by mail and appear on your behalf so you do not need to return.