You’re at a bar in Greenwood Village, enjoying a night out. A stranger bumps into you, words are exchanged, and before you know it, the situation escalates. Maybe you tried to walk away, or maybe you pushed back in self-defense. The next thing you know, the police arrive, and you’re being arrested for assault. Now, you’re facing criminal charges for assault or harassment that could lead to fines, jail time, or even a permanent mark on your record.
At Colorado Lawyer Team, we understand that not every altercation should lead to criminal penalties. Lead attorney Justie Nicol, a former Deputy District Attorney, knows how prosecutors handle assault cases, and how to fight back. Whether you acted in self-defense, were wrongfully accused, or the situation was blown out of proportion, we’ll work to protect your rights and build a strong defense.
Why Hire Colorado Lawyer Team for Your Greenwood Village Assault Case?
While not as severe as some charges, an arrest for misdemeanor assault or harassment still has consequences. A misdemeanor conviction can lead to jail time, fines, and a criminal record that follows you for years. Whereas a felony assault is a big deal with a significant likelihood of prison and crime of violence designations. In any assault case, the prosecution won’t go easy on you, but with the right defense, you can fight back. At Colorado Lawyer Team, we don’t just handle cases: we defend people. Here’s why we’re the right choice for your Greenwood Village assault case:
- Former Prosecutor Fighting for You: Lead attorney Justie Nicol is a former Deputy District Attorney, which means she understands exactly how the prosecution builds assault cases. We use that inside knowledge to anticipate their arguments, challenge weak evidence, and create a strong defense strategy that protects your rights. Justie has used her expertise to train the entire firm on
- A Boutique Firm That Puts You First: Unlike large firms where cases get handed off to junior attorneys, we take a hands-on approach to every case. You’ll work directly with experienced lawyers who know your case inside and out and be able to ask questions anytime. We staff every case together as an internal team several times a month to make sure that nothing is missed. We brainstorm creative solutions to your situation based on our combined decades of experience to present what is most persuasive to prosecutors and courts, alike.
- A Team That Goes Beyond the Courtroom: Our attorneys, paralegals, admin assistants, file clerks, and even our receptionists know how to best help our clients. But the teamwork doesn’t stop there! We work with outside investigators, mitigation specialists, and expert witnesses to build the strongest possible defense while also helping you address the personal challenges that come with criminal charges. Don’t worry about finding these valuable individuals yourself, let us connect you with the right defense team today!
- A Defense Tailored to Your Situation: Maybe you were defending yourself, protecting someone else, or caught up in a misunderstanding. We dig into every detail, from witness statements to surveillance footage, to build a defense that fits your situation.
- Aggressive Courtroom Representation: If your case goes to trial, you need a lawyer who knows how to fight. We’re not afraid to challenge the prosecution, cross-examine witnesses, and expose weaknesses in their case. Our experience in assault trials means we know how to present a compelling defense to a judge or jury.
We know legal fees can be a concern, which is why we offer fair, flexible pricing that gives you top-quality representation without the massive price tag of big-name firms. Plus, with our virtual office, you can reach us easily by phone, email, or text whenever you need updates on your case. Our phones are answered 24 hours a day, and scheduling links are provided to all clients to book a call directly with attorneys. I
Assault Charges in Greenwood Village
Assault can be considered a crime of violence under Colorado law depending on the severity of the assault charged. Because of the seriousness of these charges, you could face jail or prison time, high fines, or probation. An assault conviction can also create much difficulty in getting a job in the future since most employers conduct thorough background checks and will not hire someone with an assault conviction on their record.
Although assault in some jurisdictions involves threats of violence to other persons, assault in the State of Colorado constitutes actual unlawful physical contact that results in injuries to others (including even a small mark or bruise). The severity of the injuries to others and the circumstances surrounding the alleged assault determine the level of the offense charged and the resulting penalties.
If you have been accused and charged with assault, speaking to a Greenwood Village assault lawyer may be in your best interest. A skilled criminal defense lawyer can help you build a strong defense against assault charges and will work toward a more favorable resolution to the charges against you.
What Are the Different Assault Charges in Colorado?
Assault can be a misdemeanor or felony offense based on the severity of the situation, including the persons involved, what led to the crime, and the degree of injuries that others sustained. If serious bodily injury is involved (a term defined by statute in Colorado), then the consequences are more severe. An experienced Greenwood Village assault lawyer can explain these charges to you and help you understand your options.
First-Degree Assault
First-degree assault under Colorado Revised Statutes § 18-3-202 occurs when someone causes intentional and severe bodily harm to others with a deadly weapon. The injuries sustained in a first-degree assault could pose a substantial risk of permanent disfigurement, physical impairment, or even death. First-degree assaults also may include injuries to police officers or other first responders and may result in F5 to F3 felony charges. There are a variety of ways to commit this type of assault and this level of offense ALWAYS justifies hiring an attorney!
Second-Degree Assault
Under Colo. Rev. Stat. Ann. § 18-3-203, second-degree assault is an F3, F4, or F6 offense, depending on the circumstances. Second-degree assault occurs when individuals intentionally injure others or when an assault results in any injuries to a police officer, however minor. Second-degree assault also can occur when the alleged victim claims strangulation occurred (interfering with breathing, however minor, can result in this type of charge). Again, because of the seriousness of this type of case and the nuanced proof that the prosecution must provide, an attorney should always be retained!
Third-Degree Assault
According to Colo. Rev. Stat. Ann. § 18-3-204, third-degree assault is an M1. A person commits third-degree assault when they knowingly or recklessly cause physical injuries to others. Merely experiencing physical pain is enough to qualify as an “injury” even if no marks result. Third-degree assault is usually a misdemeanor, but should not be taken lightly.
Harassment
Under Colo. Rev. Stat. Ann. 18-9-111, harassment in Colorado is also an M1. Harassment is mentioned separately here because it is often charged along with assault and can be considered a lesser offense. Harassment is defined as unwanted touching of another person with the intent to harass, annoy, or alarm that person. It does not require injury, but the penalties are similar for a misdemeanor assault.
Common Penalties and Consequences for Assault
For an M1 conviction, you can face a county jail sentence ranging from six to 18 months, as well as fines of $500 to $5,000. Although a third-degree assault charge is only a misdemeanor, it is considered an extraordinary risk crime, which adds another six months to any potential jail sentence, making the maximum sentence 24 months in county jail. Due to the risk of lengthy terms of incarceration in assault cases, individuals facing these charges should always get the advice of an assault attorney in Greenwood Village.
Colorado law classifies felony offenses into six separate categories according to severity. For example, conviction on an F3 could result in a prison sentence of 4-12 years and fines of between $3,000 and $750,000. However, since first-degree assault is a crime of violence, then you may face longer prison terms under state sentencing guidelines.
Depending on the circumstances of the case, you may even be facing more prison time and longer parole sentences, as judges are free to consider extraordinary aggravating circumstances. Alternatively, mitigating circumstances can reduce the presumptive range for an offense, too. A good attorney can work on identifying mitigating factors and effectively expressing them to a court on your behalf to reduce your sentence.
Differences Between Assault and Related Charges
Assault charges in Colorado are sometimes accompanied by related offenses phone obstruction, menacing, or disorderly conduct. In addition, any crime can be tagged with the sentence enhancer of “domestic violence.” While these charges can arise from the same incident, they carry different legal definitions and penalties.
Assault vs. Domestic Violence
Assault involves causing unlawful physical injury to another person. Domestic violence is not a separate crime in Colorado, but a label that can attach to charges (including assault) when the alleged victim is a spouse, dating partner, co-parent, or someone in your household and the crime is committed for purposes of retaliation, coercion, control, etc.
When assault is designated as domestic violence, the consequences are much harsher. You could be subject to mandatory protection orders, firearm restrictions, and treatment programs. Even a misdemeanor conviction can carry lasting effects and with a DV sentence enhancer you may not be able to seal the offense. Having a defense lawyer who understands these distinctions is critical because a domestic violence designation changes how your case is prosecuted and sentenced.
Assault vs. Menacing
Assault requires actual injury. Menacing, in contrast, involves putting another person in fear of imminent harm, even if no physical contact occurs. For example, raising a fist or displaying a weapon in a threatening way could result in menacing charges. If a weapon is involved, the offense usually escalates from a misdemeanor to a felony.
Prosecutors sometimes charge both assault and menacing to cover all angles. Your attorney’s job is to highlight the inconsistencies, show where the evidence falls short, and push back accordingly.
Assault vs. Disorderly Conduct
Disorderly conduct is usually a less serious charge. It covers disruptive or aggressive behavior in public, like fighting or creating a disturbance, and doesn’t always require proof of injury. However, if a weapon is displayed or violent actions are alleged, penalties increase.
Sometimes prosecutors file disorderly conduct when they lack enough evidence to prove assault or when they elect to charge both parties involved in an altercation (i.e. fighting in public). While it carries lighter penalties, a conviction still creates a criminal record that can limit your opportunities.
Why These Differences Matter
Knowing how these charges compare is important because prosecutors often “stack” them, hoping at least one will result in a conviction. Assault typically carries the steepest penalties, but menacing and disorderly conduct can still result in jail time, fines, and long-term consequences. A skilled Greenwood Village assault lawyer can challenge overlapping charges and fight for the best outcome.
Common Assault Defenses
An assault charge doesn’t always mean a conviction. There are strong legal defenses that can challenge the prosecution’s case, reduce penalties, or even get charges dismissed. Here are some of the most common defenses we use in assault cases:
Self-Defense
Colorado law allows you to use force to protect yourself if you reasonably believe you’re in immediate danger. If someone attacked you first or you feared serious harm, self-defense could apply. We work to prove that your actions were justified by gathering witness statements, video footage, and expert testimony.
Defense of Others
You have the legal right to protect someone else if they are under attack. Whether you stepped in to break up a fight or defend a family member, we can argue that your actions were necessary to prevent harm.
Lack of Intent
To convict you of assault, prosecutors must prove that you intentionally caused harm. If the incident was an accident (such as a shove in a crowded space or an unintentional strike during a heated moment) we challenge the claim that you acted with criminal intent.
False Accusations
Assault charges often stem from exaggerations, misunderstandings, or outright false claims. Whether it’s a personal dispute, a bar fight gone wrong, or a case of mistaken identity, we expose inconsistencies in the accuser’s story, cross-examine witnesses, and present evidence that supports your innocence.
Lack of Evidence
The prosecution must prove its case beyond a reasonable doubt. If there are no witnesses, no medical records, or conflicting testimonies, we highlight these weaknesses. We also challenge unreliable evidence, such as biased witness statements or unclear surveillance footage.
Stand Your Ground and Colorado’s Make My Day Law
In Colorado, self-defense laws extend to protecting yourself in your home or business. If you were defending your property from an intruder, Colorado’s Make My Day Law might apply, giving you additional legal protections. We evaluate whether this law could help in your case.
What Should You Do if You Are Arrested for Assault?
If you are arrested for assault in Greenwood Village or anywhere in Colorado, what you do next can impact your entire case. Below are the recommended next steps.
- Stay Calm and Do Not Resist: Resisting arrest (even if you believe you’re innocent) can lead to additional charges. Stay calm, comply with police instructions, and avoid any physical or verbal confrontations.
- Exercise Your Right to Remain Silent: Anything you say can and will be used against you. Do not answer questions about the incident, even if officers seem friendly. Simply state, “I am invoking my right to remain silent and would like to speak to my attorney.” Then say nothing else.
- Ask for an Attorney Immediately: You have the right to legal representation, and you should use it. Do not discuss your case with police, prosecutors, or even friends and family until you’ve spoken with your attorney. Contact the Colorado Lawyer Team as soon as possible so we can start building your defense.
- Avoid Talking About Your Case in Jail: If you’re taken into custody, assume that jail calls are recorded and that anything you say to other inmates could be used against you. Stay quiet about the details of your case until you can meet with your lawyer.
- Follow Court Orders and Bail Conditions: If you’re released on bail, make sure you follow all court-ordered conditions. Violating bail terms (such as contacting the alleged victim or missing a court date) can lead to more charges or even jail time.
- Contact an Experienced Assault Defense Attorney: Assault charges in Colorado carry serious penalties, including jail time, fines, and a permanent criminal record. The sooner you get legal representation, the better your chances of getting charges reduced or dismissed.
FAQS
Can Assault Charges Be Dropped in Colorado?
No, assault charges can sometimes be dropped by the victim in Colorado. However, the DA can elect to dismiss the charges on their own, but only under certain conditions. It’s important to understand that the decision to drop charges is not in the hands of the alleged victim. Once the police make an arrest and charges are filed, the case belongs to the state of Colorado, and the prosecutor decides how it moves forward.
Prosecutors may dismiss charges if they determine the evidence is too weak to secure a conviction. For example, if witness accounts are inconsistent, medical records don’t support the claims, or surveillance footage contradicts the story, the case may fall apart. In other cases, defense attorneys can show that police gathered evidence improperly, which can lead to charges being thrown out.
Another possibility is entering a diversion or deferred judgment program. If you complete court-ordered requirements like anger management, community service, or counseling, prosecutors may agree to dismiss the charges. An experienced Greenwood Village assault lawyer can evaluate your case, negotiate with prosecutors, and push for dismissal when possible.
What Happens if the Victim Doesn’t Want to Press Charges?
This is a common misconception in Colorado assault cases. Even if the alleged victim doesn’t want to move forward, the prosecutor still has the authority to pursue charges. Once law enforcement becomes involved, the state controls the case, not the victim. Prosecutors often continue with the case if they believe they have enough evidence, especially in violent crime allegations.
That being said, a victim’s cooperation is still important. If the alleged victim refuses to testify or contradicts earlier statements, it can weaken the prosecution’s case. Defense attorneys can use these inconsistencies to show the court that the allegations are unreliable. If a victim has a history of making false reports, this is further evidence that an attorney can help you collect and present.
Your attorney can also present evidence that the incident was exaggerated or misinterpreted, further undermining the state’s case. While a victim can’t unilaterally drop charges, their lack of cooperation often gives your defense lawyer room to negotiate for dismissal or reduced charges.
Can I Own a Gun if I’m Convicted of Assault?
In Colorado, an assault conviction can have serious consequences for your gun rights. Under federal law, anyone convicted of a felony assault charge loses the right to possess or purchase firearms. This ban is permanent, unless rights are restored through a complicated legal process.
Even misdemeanor convictions can affect your gun ownership if they involve domestic violence. Colorado and federal laws treat domestic violence offenses as disqualifying, meaning you may not be able to own or carry firearms legally. Any violations can lead to new criminal charges.
If your career depends on firearm possession (for example, if you work in security or law enforcement), losing this right can end your employment. That’s why it’s critical to fight assault charges from the beginning. A skilled defense attorney can negotiate to reduce charges to non-disqualifying offenses or seek alternatives that protect your rights.
How Long Does an Assault Case Take in Colorado?
The timeline for an assault case varies depending on the seriousness of the charge and how it’s handled in court. A misdemeanor assault case in county court may move relatively quickly, sometimes concluding in a few months. Felony cases in district court, however, often take much longer: anywhere from a year to several years.
Several factors affect the timeline. If you’re out on bond, your attorney may request more time to investigate, gather evidence, and negotiate with prosecutors. If you’re in custody, the court may push the case forward more quickly, but that doesn’t always mean a faster resolution. Complicated cases with multiple witnesses or expert testimony (DNA/fingerprints) often take longer.
It’s also common for cases to be delayed due to motions, discovery disputes, or ongoing plea negotiations. While this can be frustrating, extra time often works in your favor. A thorough defense takes time to build, and rushing through the process rarely helps. Having a lawyer who knows how to manage court schedules and deadlines can make the difference between a rushed conviction and a favorable outcome.
Speak to a Greenwood Village Assault Attorney Today
What may start as a minor disagreement or conflict can quickly spiral out of control as tempers flare and emotions run high. Before you know it, you may have inadvertently caused injury to another person, and are now sitting in a jail cell following an arrest. If you are in this situation, you definitely need the advice that only an experienced Greenwood Village assault lawyer can provide you.
In any criminal proceedings, it is essential to have an advocate on your side to protect your rights and advance your interests. A strong defense strategy may allow you to escape some of the potential repercussions of an arrest on assault charges and minimize its impact on your life. Let the Colorado Lawyer Team get justice for you today! For more information, call (970) 344-9401 or contact us online.