Aggravated assault is a serious offense, and these charges can arise under many circumstances. This type of conviction can result in serious penalties, including imprisonment, and also a criminal record that might affect your future employment, housing, child custody, and more. It is only natural to wonder how to beat an aggravated assault charge in Colorado and minimize the effects on your life.
The best step you can take is to secure the right defense representation for your assault case early in the process. If you have been arrested or charged with aggravated assault in Colorado, contact Grant & Associates today for trusted criminal defense representation throughout the criminal justice process.
When Can You Face an Aggravated Assault Charge in Colorado?
In Colorado, aggravated assault charges apply when an individual either:
- Intentionally causes serious bodily harm to someone else or
- Uses a deadly weapon intending to cause serious bodily harm.
Serious bodily harm involves injuries:
- Posing a substantial risk of death
- Causing serious disfigurement
- Resulting in permanent impairment or loss of a bodily organ or function
Keep in mind that an aggravated assault can also occur if an individual uses a deadly weapon in a threatening manner, even if no actual harm is inflicted. Further, the possession or use of a firearm during the commission of the assault can enhance the severity of the charges.
In many cases, prosecutors reach for the most serious conviction possible, so if they believe they can prove the elements that an assault was aggravated, they will pursue the escalated charge over other lesser assault charges.
Possible Penalties for Aggravated Assault Convictions
The penalties for this conviction can be severe, and they can also vary based on the circumstances of the case, such as the extent of the injuries, the use of a deadly weapon, and the defendant’s criminal history.
Aggravated assault is a felony offense in Colorado. The penalties can include:
- Mandatory imprisonment
- Significant fines
- Probation
- Restitution payments to the victim
Colorado law allows for long prison sentences for aggravated assault charges, depending on the severity of the injuries, the identity of the victim, and other aggravating factors.
Beating the charge with help from the right Colorado assault defense lawyer is the best way to protect your future.
Defenses to Beat Aggravated Assault Charges
When facing an aggravated assault charge in Colorado, it is important to consult with experienced defense attorneys who can assess your case and develop a strong defense strategy. Here are some common defenses that can be used to challenge aggravated assault charges:
Self-Defense
If you can prove that you acted in self-defense to protect yourself or others from imminent harm, it can be a viable defense to beat an aggravated assault charge. This is a complicated defense to prove, and your defense lawyer will need to establish that you reasonably believed there was a threat of serious bodily harm or death and the amount of force used was proportional to the threat.
Lack of Intent
The prosecution must prove that you intended to cause serious bodily harm or use a deadly weapon. If the defense can show that you did not have the required intent, it can weaken the prosecution’s case.
Misidentification
If there are issues with witness identification, it can raise doubts about your involvement in the assault. Eyewitness testimony can be unreliable, and the defense can challenge the accuracy and credibility of the identification.
Insufficient Evidence
Your defense attorney can challenge the prosecution’s case by asserting they have insufficient evidence to meet the high burden of proof for criminal cases. Failing to prove your charges beyond a reasonable doubt should result in a dismissal or acquittal, so challenging the strength of the evidence against you can be an effective strategy.
Never Wait to Discuss How to Beat Aggravated Assault Charges in Colorado with Our Defense Team
At Grant & Associates, our team of experienced criminal defense attorneys understand Colorado assault laws and are ready to assist you. Contact us today at 970-356-5666 for a free consultation and the reliable defense you deserve.