Breckenridge Assault Lawyer
Click For A Free ConsultationFight Your Assault Case with the Help of an Experienced Criminal Defense Attorney in Breckenridge, CO
Are you facing an assault or battery charge in the Colorado mountains area? A Breckenridge assault defense lawyer can help protect your rights and build a strong defense. JB Katz, P.C. assists clients facing charges ranging from aggravated assault and felony assault to harassment, violent crimes, or assault on a police officer. I am an experienced Breckenridge assault lawyer, and I have 20 years of experience protecting the rights of clients facing a wide range of criminal charges across a broad spectrum of practice areas.
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 under criminal defense law and the criminal justice process. 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 and a serious offense. 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 and significant penalties if you are convicted in local courts and superior courts.
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 results in serious bodily injury (for example reckless driving or careless driving scenarios). Second-degree assault is also charged as a felony within the court system. 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 to review your legal options. An experienced Breckenridge assault attorney can help you in several ways and ensure that you have the best possibility of moving forward without a criminal conviction and achieving favorable outcomes. One of the primary ways they can do this is by building a compelling 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 under the legal process. In order for this defense to be successful and to establish reasonable doubt, 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 during the criminal case.
Falsely Accused: If you were falsely accused of committing an assault against another person (for example, due to mistaken identity), this is a valid legal defense that can be raised in court. This can be done by proving that you weren’t with the alleged victim 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. False accusations are particularly common in alleged domestic violence cases involving an intimate relationship.
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 (aggressive representation) from the beginning and throughout the criminal process with a Breckenridge assault defense lawyer. Assault charges can quickly escalate and bring severe penalties—including lengthy prison sentences and substantial fines—if complicating circumstances are involved, such as domestic violence cases, sexual assault, drug crimes, sex crimes, or child custody implications.
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 and may limit legal options for a reduced sentence. I have a proven track record of defending clients charged with these, and many other, criminal offenses; and, as an experienced trial lawyer, I can present evidence that challenges the prosecution’s case and illustrates why a conviction is unwarranted.
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 with specialized knowledge and extensive experience. As an experienced attorney, I can look at possible complicating factors such as the involvement of alcohol or drug crimes, drug possession charges, drug distribution, drug trafficking, theft crimes, white collar crimes, computer crimes, or traffic offenses that can lead to enhanced penalties, or the issue of self-defense, which may allow you avoid jail time and other consequences.
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, and identify procedural errors. Having an assault or domestic violence conviction on your criminal record can impact your life for years to come, so it is vital to have an experienced Colorado criminal defense lawyer on your side.
Contact a Breckenridge Assault Lawyer at Our Criminal Law Firm Today
As a Breckenridge assault defense lawyer providing only criminal defense services and legal representation, I am dedicated to protecting those charged with assault in the Colorado mountains area, including Summit County. If you are facing criminal charges, you should not plead guilty. Please call my Breckenridge office at (970) 453-5533 or send me an email for a free consultation to discuss an alternative or a plea deal so you can make informed decisions and get the help from a Breckenridge criminal defense lawyer. If you are not from the area, I can file a plea bargain by mail and appear on your behalf, so you do not need to return.