Several factors could make the difference between jail time and acquittal. Your criminal defense lawyer will investigate the incident by reviewing the police report, interviewing witnesses, and examining the physical evidence.

Strategies that your lawyer can use to provide a strong defense against assault charges include asserting the presumption of innocence, providing an alibi, placing the burden of proof on the prosecution, questioning the credibility of witnesses against you, and establishing that your actions were committed in self-defense.

The Definition of Assault Under Colorado Law

In Colorado, assault is defined as knowingly or recklessly causing bodily injury to another person. The legal framework categorizes assault charges into different degrees, each carrying its own set of potential consequences. It’s important to recognize that even the attempt to cause such injury can qualify as assault under Colorado law.

The severity of the charges often hinges on factors such as the degree of injury, the intent behind the act, and whether a deadly weapon was used. Understanding these legal nuances is critical when facing or contesting assault charges. Every case is unique, and the law considers the specific circumstances surrounding each incident to determine the appropriate charge and potential defense strategies.

Every Defendant is Entitled to Presumption of Innocence

The presumption of innocence is a legal right guaranteed to anyone accused of a crime. It is the principle that assumes a person is innocent until proven guilty beyond a reasonable doubt. In Colorado, as in the rest of the United States, this is a foundational element of the criminal justice system.

In an assault case, the presumption of innocence places the entire burden of proof on the prosecution, which must prove all elements of the crime, including the defendant’s guilt, to the judge or jury’s satisfaction. If the prosecution fails to meet this high standard, you must be acquitted.

Demonstrating That the Charges Against You Are False

Mistaken identity and alibi are potent defenses in Colorado assault charges. Mistaken identity arises when the defendant is not the person who committed the alleged assault. This can occur due to flawed eyewitness testimony, lineup misidentification, or other investigative process errors. Presenting evidence that challenges the prosecution’s identification can be compelling, such as conflicting physical descriptions or forensic evidence.

An alibi defense involves proving that the defendant was elsewhere when the crime occurred, making it impossible for them to be the perpetrator. Documented evidence like video footage, credit card transactions, or witness testimony can corroborate an alibi. Both defenses directly challenge the prosecution’s assertions and can be instrumental in securing a not-guilty verdict if presented effectively and substantiated with credible evidence.

Colorado’s Self-Defense Laws

Self-defense in Colorado is defined as the use of reasonable physical force to protect oneself, another person, or property from what appears to be the use or imminent use of unlawful physical force by another person. The law allows individuals to defend themselves or others without the duty to retreat if they are not the initial aggressor and the perceived threat is immediate and unlawful.

When faced with assault charges, employing self-defense as a legal protection involves a strategic presentation of facts to demonstrate that the use of force was necessary and reasonable. This defense asserts that the accused acted out of an immediate need to protect against a perceived threat.

The Role of Witness Credibility in Assault Cases

Credible witnesses are a crucial component of a defense strategy in assault cases. They can provide firsthand accounts that challenge the prosecution’s narrative or support the defendant’s claims. The testimony of such witnesses can have a significant impact on the outcome of a trial. For instance, an eyewitness who corroborates the defendant’s alibi or a character witness who testifies to the defendant’s non-violent nature can create doubt about the prosecution’s case.

Several additional factors can affect the credibility of a witness. For example, the witness’s personal background, including any past criminal records, biases, or vested interests, may impact how their testimony is perceived.

The way a witness presents themselves — through their demeanor, body language, and clarity of communication — can also influence their believability. On the contrary, if a key witness is perceived as untrustworthy, it can cast doubt on the entire case, affecting the jury’s or judge’s decision-making process.

Expert testimony often carries more weight due to perceived expertise, but it is not immune to scrutiny. The context of the evidence provided and its corroboration with other facts of the case can reinforce or weaken a witness’s credibility. Effective cross-examination techniques are critical in these situations to either rehabilitate a witness’s credibility or further diminish it, depending on your defense attorney’s objective.

Criminal Defense Lawyers in Colorado Can Help You Face Assault Charges

For over 25 years, The Bussey Law Firm, P.C., has been defending the rights of clients in Colorado Springs and across the state of Colorado. If police are questioning you regarding a crime, it’s time to speak with an experienced criminal defense attorney like Timothy Bussey.

Timothy Bussey received a Gold Client Champion Award from Martindale-Hubbell, an independent rating agency. He’s also been featured in Super Lawyers Magazine.

Call (719) 475-2555 to speak with one of our Colorado Springs assault defense attorneys and learn more about how we can help.

The post Common Successful Defenses for Assault Charges appeared first on Colorado Springs Attorneys.

When Is Second-Degree Assault Charged?

Assault in the second degree is a broad category of crime that occurs when a person intentionally hurts another. Under state law, it is second-degree assault to:

• Intentionally or recklessly cause injury to another person with a deadly weapon
• Intentionally causing another person to suffer physical or mental impairment (as from drugging or knocking that person unconscious)
• Intentionally hurting another person to prevent a police officer, firefighter, or EMT from doing his or her job
• Attempt to infect an emergency responder or prison worker using bodily fluids
• Knowingly use physical force against an emergency responder, court worker, or prison worker
• Intentionally hurt another person by suffocating or strangling that person
• Cause a serious injury while attempting to cause a less serious injury

What Are the Elements of Second-Degree Assault?

To get a conviction for second-degree assault, the prosecution must prove every element of the crime. The specific elements of this offense can depend on the behavior for which it was charged. For example, strangulation is one type of second-degree assault. In this case, the elements of the crime are that the accused:

• With intent to cause bodily injury,
• Applied sufficient pressure to impede or restrict breathing or circulation of the blood of another person, and
• By applying such pressure to the neck or by blocking the nose or mouth of the victim,
• Thereby causing bodily injury.

In all cases of second-degree assault, the prosecution must prove intentional conduct, bodily injury, and lack of legal justification or consent.

What Are the Possible Defenses Against Second-Degree Assault Charges?

Our criminal defense attorney may employ various strategies to challenge second-degree assault charges. We can thoroughly examine the evidence, including witness testimony, police reports, and medical records, to identify any weaknesses in the prosecution’s case. Some of the most common legal defenses against second-degree assault include:

• Self-defense: You are justified in injuring someone else if it was done to defend yourself. In asserting self-defense, you must provide evidence that you believed the other person was about to use unlawful force against you and you acted with as much force as you believed necessary to protect yourself.
• Defense of others: You are equally justified in injuring another person if it was done to protect someone else from imminent harm. You must show that you acted with the amount of force you believed necessary to protect the other person from what you believed was the imminent use of unlawful force.
• Lack of intent: Second-degree assault requires intentional conduct in most cases. If you can prove that the injury was caused by a mistake or a negligent accident on your part, you cannot be convicted of this crime.
• The heat of passion: State law expressly allows for the heat of passion defense, which reduces a conviction to a class 6 felony from a class 4 felony. To prove the heat of passion, you must show that the victim did something wrong and was highly provoking; the provocation would have created an irresistible passion to act in a reasonable person; and there was not enough time to calm down before you caused injury.

If you are facing second-degree assault charges, contact The Bussey Law Firm, P.C. at (719) 475-2555. Our Colorado Springs criminal defense attorney can protect your rights, skillfully negotiate plea agreements, and present a compelling defense in court.

The post Colorado’s CRS 18-3-203 and Second-Degree Assault appeared first on Colorado Springs Attorneys.

What Is Assault, Legally?

Colorado defines assault as knowingly or recklessly causing bodily injury to another person. C.R.S. 18-3-204(a). Bodily injury is defined as “physical pain, illness, or any impairment or physical or mental condition.” C.R.S. 18-1-901. This is a broad definition. Simply causing someone any pain can amount to bodily injury. Consequently, it does not take much to cause someone “bodily injury.”  People accused of causing someone to suffer a bodily injury are often charged with 3^rd degree assault, a Class 1 misdemeanor. However, if the victim is “at-risk,” the same offense is upgraded to a Class 6 felony.  The difference is significant.

Penalties

A Class 1 misdemeanor carries a possibility of up to a 364-day jail sentence and up to a $1,000 fine. However, a conviction for assault on a juvenile is an “extraordinary risk” crime and carries an enhanced sentencing range. This charge carries a possible Department of Corrections sentence of between one to two years and a fine of between $1,000 and $100,000. Obviously, for an educator, a conviction of this type can be devastating both personally and professionally.

Identifying At-Risk Youth

A youth is “at-risk” if they are younger than eighteen years old and has any of the following disabilities:

(a) Is impaired because of the loss of or permanent loss of use of a hand or foot or because of blindness or the permanent impairment of vision of both eyes to such a degree as to constitute virtual blindness;

(b) Is unable to walk, see, hear, or speak;

(c) Is unable to breathe without mechanical assistance;

(d) Is a person with an intellectual and developmental disability as defined in section 25.5-10-202, C.R.S.;

(e) Has a mental health disorder, as defined in section 27-65-102;

(f) Is mentally impaired as the term is defined in section 24-34-501 (1.3)(b)(II), C.R.S.;

(g) Is blind as that term is defined in section 26-2-103 (3), C.R.S.; or

(h) Is receiving care and treatment for a developmental disability under article 10.5 of title 27, C.R.S.  C.R.S. 18-6.5-102.

What Are Your Options When Accused?

When caretakers find themselves charged with assaulting an at-risk youth, it usually stems from an attempt to subdue a minor who is acting in a manner that could cause harm to themselves or others. Often, the issue becomes whether the adult was attempting to protect others and/or acting in self-defense. Developing a strong defense against this crime requires a critical review of surveillance videos, witness statements, and an understanding of the juvenile’s disability and history.

If you are an educator, caretaker, or another professional that works with physically, psychologically, or emotionally disabled youth and you find yourself charged with assaulting an at-risk juvenile, you need legal help. Not only is your liberty at stake, but your professional future is also at stake. The Colorado Springs violent crime defense attorneys at The Bussey Law Firm, P.C. are experienced in handling this type of situation and developing the best possible defense for your case.

The post Assault and At-Risk Youth appeared first on Colorado Springs Attorneys.

You have been charged with Assault in The Second Degree, involving alleged strangulation. What does that mean? A pertinent statute, subsection 18-3-203 (1)(i), C.R.S., states in part, “A person commits the crime of assault in the second degree if with the intent to cause bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury.”

The strangulation portion of the Second Degree Assault statute was added in 2016, in response to a unique form of physical force that is frequently recurring. The statute punishes what would commonly be thought of as “choking” someone. The actor must have intent to cause bodily injury and must also apply sufficient force to impede or restrict the breathing or circulation of blood by applying pressure to the neck or blocking the nose or mouth and then causing bodily injury. The “bodily injury” threshold is low. The statutory definition has been construed by the courts to include physical pain “however slight.”

Understanding the Alleged Crime

Each case is different. There can be many different types of acts that arguably could fall under C.R.S. 18-3-203(1)(i). Just placing hands on the neck of another is theoretically not enough to prove this offense. There must be sufficient force applied to cause pain and impede or restrict breathing. So, an actor who places their hand or hands on the neck of another has not violated the law unless breathing is impeded, or blood circulation is restricted. Yet facts such as this may invite such a criminal charge, to be resolved ultimately by a jury.

The alleged victim many times will be the sole source of evidence concerning whether breathing is impeded or if blood circulation is restricted. It is not uncommon for law enforcement officers to take an alleged victim to the hospital for a medical evaluation after a strangulation allegation. This is done to allow medical professionals to evaluate and treat the complaining witness, but also to photograph the complaining witness to preserve evidence such as redness, scratches, or bruising which might corroborate the witness’s allegation of strangulation.

Possible Penalties Associated

A violation of C.R.S. 18-3-203(1)(i) is a class four felony. It is important to obtain an experienced law firm to challenge such allegations. Remember, along with the district attorney’s burden to prove elements of the charge, the defense in many cases can often raise “self-defense” as an affirmative defense which the district attorney must then also disprove beyond a reasonable doubt.

Criminal cases are generally resolved just once. You do not have multiple chances to defend yourself. So, it is important to have an experienced advocate on your side to fight these allegations, an advocate who is ready to go to trial when that is the best option. The Bussey Law Firm P.C. has years of experience challenging serious charges like these. Contact experienced Colorado Springs strangulation defense attorneys from The Bussey Law Firm, P.C. at (719) 475-2555 if you have been charged with assault featuring strangulation or other offenses.

The post What Does it Mean to Be Charged with Strangulation in Colorado? appeared first on Colorado Springs Attorneys.

At The Bussey Law Firm, P.C., we understand that a rush to judgment in the face of serious accusations will leave many people with a sense of hopelessness. That’s why we provide our clients with necessary guidance and aggressively defend their rights. When you are accused and the world has seemingly turned against you, there is help available.

Definition of Vehicular Assault

After an accident, especially one that involves injuries, you will probably experience a great deal of emotional duress and confusion that can impair your decision-making ability. That can be completely natural in such a stressful situation. If you are facing criminal charges, then it’s imperative that you educate yourself as much as you can about the situation.

In Colorado, there are two factual situations that give rise to a vehicular assault allegation:

• A driver operates a motor vehicle in a reckless manner, and this conduct is the proximate cause of serious bodily injury to another.
• A person operates a motor vehicle while under the influence or impaired by alcohol or one or more drugs, or a combination of both alcohol and drugs, and this conduct is the proximate cause of a serious bodily injury to another.

Defending a Charge of Vehicular Assault

There are a number of possible defenses for vehicular assault and the sooner you begin preparing that defense, the better your chances of obtaining a favorable outcome. The first step you’ll want to take is finding and hiring an attorney who understands the intricacies of a vehicular assault case. If your case involves alcohol then your attorney needs to contest your Express Consent (EC) license revocation. Even though this is an administrative procedure overseen by the Colorado DMV and separate from any criminal proceedings, your attorney will use this opportunity to begin building your defense or create leverage for the criminal side of the case.

In the absence of alcohol or drugs contributing to the serious bodily injury, a prosecutor will need to prove reckless driving was the proximate cause to secure a conviction for vehicular assault. Reckless driving is a major traffic offense in Colorado and occurs where a person drives a motor vehicle in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property.

Whatever your circumstances, vehicular assault is a serious accusation involving life-altering consequences. The best thing you can do is contact our team of attorneys at The Bussey Law Firm, P.C. Our experience in all manner of assault defense allows us to advocate tirelessly on your behalf and always work towards the best possible outcome. Call us at (719) 475-2555 to schedule a free consultation today.

The post What Should You Do If You’ve Been Accused of Vehicular Assault? appeared first on Colorado Springs Attorneys.

Holiday Shopping Can Be a Stress-Filled Mess

As soon as the Thanksgiving plates are cleared, holiday sales begin in full force. We find these sales everywhere, from online outlets to crowded malls as frantic parents and significant others rush to find last-minute gifts. Every year our team at The Bussey Law Firm, P.C., meets with people who have had negative encounters at area malls, shopping centers, and other retail establishments, many of which rise to the level of criminal complaints. Why is this?

Anytime you put crowds of people in tight quarters, tensions are bound to run high. Malls, department stores, and big-box stores can suddenly seem very small when flooded with people. Beginning with the post-Thanksgiving weekend all the way through the post-holiday clearance sales in January, this period is by far the busiest time of year for most businesses.

Stories like what happened during Black Friday in a Louisville, Kentucky, mall a couple years back are commonplace. Two shoppers were filmed by a bystander throwing punches and wrestling with each other. In another example, Houston shoppers at a Walmart nearly got into a brawl when a dispute arose over a deeply discounted price. They were looking for a specific TV that was apparently out of stock, but when the manager allowed some people to buy a different TV at the same price, it ended in violence. Police had to break up the altercation.

Just this past Christmas season, a shopper was shot in a Missouri mall. Elsewhere in Alabama, an entire shopping center shut down because several fights broke out. When the violence has gotten so bad that you can’t keep track of all the encounters, then it’s safe to say the problem is widespread and not isolated to a random event or two. While it may seem reasonable in the moment to react forcefully during these hectic events, the police don’t look at it that way and you or a loved one could be facing an assault allegation.

The Penalties for Assault Are Severe

If you have been accused of assault, you will be faced with stiff penalties that could have a negative impact on your life. A person convicted of assault could face any of the following:

• A permanent criminal record
• Lengthy jail time or prison if there are serious bodily injuries
• Steep fines
• Restitution to the victim for medical expenses
• Damaged reputation
• An inability to obtain certain licenses and certifications
• Employment consequences

If you have been accused of such a crime, it is imperative that you seek out legal representation right away. Building a successful defense often depends on acting quickly—as the longer you wait, the more difficult it can become to obtain evidence that can exonerate you. For example, stores may have video surveillance that would support a self-defense claim but they will only keep the recordings for a set period of time. Waiting to seek counsel may deprive you of the evidence of your innocence.

Our competent and experienced Colorado Springs team of attorneys have a number of tactics available to them. Every charge of assault is different, but it’s possible to get you a reduced sentence, a dismissal of charges, or probation instead of jail time. Reach out today to learn more about how we at The Bussey Law Firm, P.C., can help you. Don’t let a stressful shopping experience ruin future holidays! Call (719) 475-2555 for a free consultation.

The post Holiday Stress Can Lead to Assaults appeared first on Colorado Springs Attorneys.