Being falsely accused of assaulting someone can turn your life upside down in an instant.
From damage to your personal and professional life to potential fines and jail time, assault charges are no joke…particularly when you know they aren’t true.
KEY TAKEAWAYS:
- If you’ve been accused of an assault, you’ll want to quickly put together a plan to prove your innocence.
- It’s important you follow certain steps when building your defense to ensure that the charges against you don’t damage your personal and professional life.
- Having a good attorney who understands the complexities of Colorado assault charges is crucial, as they can guide you through the legal process and work to challenge the prosecution’s case.
An accusation of assault is a situation that can wreak havoc on your personal life, professional reputation, and mental well-being.
The weight of an accusation can be overwhelming – not to mention terrifying! – but it’s crucial to remember that you have rights as well, and there are steps you can take to protect yourself.
If you’ve been accused of assault in Colorado, be proactive in protecting yourself.
You have the right to fight for yourself, and there are some specific ways to do exactly that.
How Does Colorado Define Assault?
In Colorado, the term “assault” is used to describe actions that unlawfully cause bodily injury to another person.
Assault charges in Colorado can range from minor injuries to severe physical harm, and the state categorizes assault based on the severity and circumstances of the offense.
Under the Colorado Revised Statutes, assault charges in Colorado are currently categorized as follows:
First-Degree Assault: This is the most serious form of assault and involves intentionally causing serious bodily injury with a deadly weapon.
Serious bodily injury occurs when the injury poses a substantial risk of any of the following: death, serious permanent disfigurement, protracted loss or impairment of the function of any body part or organ, broken or fractured bones, or burns of the second or third degree.
It is classified as a Class 3 felony, with penalties ranging from 10 to 32 years in prison and fines between $3,000 and $750,000.
Second-Degree Assault: This statute in Colorado covers a broad range of assaults and covers many different forms of causing bodily injury or serious bodily injury.
It can involve the use of a deadly weapon, drugging, or bodily fluids, and may be charged where there is no deadly weapon when the injury is more severe.
It may also require proof of intent to cause injury, knowingly causing the injury, or recklessness.
The statute also covers assaults on peace officers and first responders.
It is classified as a Class 4 felony, with penalties ranging anywhere from probation eligibility up to 16 years in prison and fines between $2,000 and $500,000.
Third-Degree Assault: This is the least severe form of assault and involves knowingly or recklessly causing bodily injury, or causing injury with criminal negligence using a deadly weapon.
In Colorado, third-degree assault is classified as a Class 1 misdemeanor, with penalties including up to 18 months in jail and fines up to $1,000.
Regardless of the assault you’ve been accused of, it’s imperative that you understand the severity of the accusation and the potential consequences that may result from it.
The stakes are high, and it’s essential to take proactive steps to defend yourself effectively.
I’ve Been Accused of Assault…What’s Next?
Once you’ve been accused of committing an assault against another person, you’ll want to quickly put certain things into motion to prove your innocence.
Start with the following:
1: Secure Legal Representation
Before doing anything else, it’s a good idea to reach out to a law firm that specializes in representing individuals who are facing accusations of assault.
A skilled lawyer can help you navigate the complexities of the legal system, ensure your rights are protected, and build a robust defense strategy.
They will provide you with the necessary guidance, explain the charges against you, and represent you in court.
2: Maintain Your Composure
When faced with false allegations, your initial reaction might be to confront your accuser or attempt to clear things up informally.
However, it’s vital to remain calm and composed.
Any form of confrontation could escalate the situation and potentially harm your defense. Instead, take a step back, collect your thoughts, and focus on the legal steps ahead.
Do NOT:
- Post anything on social media: Any posts or comments you make can be used against you in court. It’s best to stay off social media entirely until the case is resolved.
- Contact the accuser’s friends or family: Reaching out to the accuser’s circle can be perceived as intimidation or harassment, which can further complicate your case.
- Ignore the charges: Taking the charges seriously and addressing them head-on is crucial. Ignoring the situation will only lead to more severe consequences.
- Try to defend yourself legally: Self-representation can be risky, especially with the complexities of assault charges. It’s essential to have a knowledgeable attorney who can provide the necessary expertise and defense strategy.
Remember: Even if you are innocent of the charges against you, it’s imperative that you don’t do anything that could jeopardize your case.
Stay calm and contact an attorney as soon as possible.
A good law firm will help you get a better idea of what you’re facing and make sure you don’t face it alone.
3: Understand the Charges
Assault charges can vary significantly depending on the jurisdiction and the specifics of the case.
It’s essential to understand the nature of the charges against you, as this will shape your defense strategy. Common types of assault charges include:
- Simple Assault: Typically involves causing bodily harm or attempting to cause harm without a weapon.
- Aggravated Assault: Involves more serious harm, often with the use of a weapon, and carries harsher penalties.
- Domestic Assault: Occurs between family members or intimate partners and can have additional legal and social consequence
4: Begin to Gather Evidence
Building a strong defense requires gathering all possible evidence that can support your innocence.
Good legal representation will help you gather the following in order to start the case for your defense:
- Witness Statements: Identify and speak to any witnesses who can testify on your behalf. Their accounts can be crucial in proving your version of events.
- Physical Evidence: Collect any physical evidence that might support your case, such as surveillance footage, photographs, or medical records.
- Communication Records: Save any relevant communication, including text messages, emails, and social media interactions, that might disprove the allegations.
- Alibi Evidence: If you have an alibi, gather evidence to support it, such as receipts, timestamps, or witness testimonies.
5: Seek Emotional Support
Facing false assault charges can take a significant toll on your mental health.
The stress and anxiety of the legal process, coupled with the potential impact on your personal and professional life, can be overwhelming.
Seeking emotional support is vital.
This could include talking to trusted friends and family, seeking counseling, or finding a law firm that understands what you’re going through and will work to help you stay strong and focused throughout the legal battle.
When Your Rights are Being Challenged, Geigle | Morales Knows How to Challenge Back
Being falsely accused of assault is a harrowing experience, but it’s crucial to remember that you have rights and avenues to defend yourself.
By securing the right legal representation, you can build a strong defense and fight for the rights that are legally yours.
Reach out to the law firm of Geigle | Morales today. Our skilled team will put you up for an initial consultation that will leave you feeling better about your case and ready to fight for what you deserve.
Let’s get started today and protect all of your tomorrows.
