Assault and battery are violent crimes that can lead to serious criminal repercussions in Colorado. If you are facing criminal charges for assault or battery in Lakewood, do not hesitate to call Flesch Law. Our Lakewood assault and battery attorneys can use the strongest defense strategies available to help you through this difficult time.
We will stand by your side throughout the legal process, protecting your rights and best interests every step of the way. If you are in need of a Lakewood criminal defense attorney for your assault and battery charges, contact Flesch Law at (303) 980-5511 for a free consultation.
A Lakewood assault and battery lawyer can create a tailored legal strategy to resolve your case as effectively and efficiently as possible. Your lawyer should have relationships with local prosecutors and understand the judicial system. We have resources and assistants to help build a strong defense against assault and battery charges on your behalf.
Flesch Law has more than thirty years of legal experience assisting individuals in need of criminal defense services. Over the course of his legal career, Mr. Finegan has assisted countless individuals with their criminal defense needs.
Assault and battery are two separate crimes under Colorado law. State law defines assault as injuring another person unlawfully, such as through slapping, punching, or kicking according to Colorado Revised Statutes Section 18-3-203. Battery, more commonly known as menacing in Colorado, is placing a person in fear of serious bodily harm using threats or actions under Colorado Revised Statute § 18-3-206. A simpler way to look at battery is attempted assault. In Colorado, assault crimes typically come with harsher penalties than battery or menacing.
To convict a person of assault or battery in Colorado, the prosecutor must have enough evidence to prove the defendant committed the crime beyond a reasonable doubt. Evidence can include eyewitness statements, police reports, photographs, and the victim’s medical records. Your criminal defense lawyer’s job is to argue against the prosecutor’s case to establish reasonable doubt.
If you are convicted of an assault or battery crime in Colorado, you could spend time in jail or prison. The penalties for assault depend on whether you are charged with first-, second- or third-degree assault. The degree of the crime is based on the amount of harm suffered by the victim, whether or not a deadly weapon was used, and the level of intent. Criminal consequences can include time spent in jail or prison, fines, and probation.
The punishments for battery or menacing in Colorado with no deadly weapon are up to six months in jail and/or $50 to $750 in fines. This is a class 3 misdemeanor crime. When the crime involves a deadly weapon, battery is a class 5 felony, punishable with one to three years in prison and/or $1,000 to $100,000 in fines.
After completing the terms of your sentence, you may be anxious to put your criminal history behind you and move forward with your life. Unfortunately, collateral consequences may make it difficult or impossible to do so. There are a multitude of ways in which your life will continue to be affected by your conviction, some of which include:
The Colorado family court system will always render decisions it believes are in the best interests of the child in question. If your child’s other parent has reason to believe that you could be a threat to your child’s safety or well-being, they may petition the court to have your child custody or visitation rights suspended or revoked.
With an assault and battery conviction on your record, the court system may be inclined to agree that you may get aggressive or violent with your child. If a modification is granted, your relationship with your child could suffer.
If you are not a U.S. citizen, getting in trouble with the law could result in severe immigration consequences. For example, if you are pulled over for a suspected DUI, law enforcement officials may report the charges to U.S. Immigration and Customs Enforcement (ICE), which could result in the loss of your green card or even deportation.
Your everyday life could continue to be affected if you are convicted of an assault and battery offense. You may be placed on parole after being released from prison, which often carries additional stipulations. For example, you may be required to attend weekly counseling sessions or complete a drug or alcohol treatment program. You may be ordered to abstain from alcohol and avoid individuals who have been in trouble with the law.
Furthermore, it may be difficult or impossible for you to find a job with an assault and battery conviction on your record. When potential employers or housing prospects see you have been convicted of a criminal offense, you may be passed over for these opportunities. With the stakes this high, clearing your name of the charges against you should be a top priority.
The strength of your criminal defense can make all of the difference to the outcome of the case against you. A strong, experienced and aggressive criminal defense attorney in Lakewood may have the power to protect you from the most serious penalties connected to an assault or battery conviction. This can save you from consequences such as spending time in jail, losing your job, losing child custody and having a permanent criminal record.
A defense lawyer from Flesch Law will choose a legal strategy based on the unique aspects of your case. It may involve arguments of:
Your Lakewood assault and battery lawyer may decide to enter a plea of not guilty and fight the charges against you, depending on the circumstances. Otherwise, your lawyer may be able to negotiate a plea deal that is fair and helps you avoid some of the most serious potential criminal consequences.
The state of Colorado does not recognize expungement. Instead, qualifying parties can get their records sealed as described by the Colorado General Assembly. When this happens, your conviction will no longer appear on your background check.
However, your conviction will remain on your record and accessible to certain law enforcement officials and government agencies. Generally, to get your record sealed, you will need to wait a predetermined amount of time after your conviction. For example, a Level 2 drug felony has a five-year waiting period before you can get your record sealed per CRS § 24-72-101. It is important to note that some crimes may not be eligible for record sealing, as is often the case with level-one felony convictions.
The extent of your assault and menacing charges will determine the statute of limitations for your case. Under CRS 16-5-401, Colorado law enforcement officials must file charges within 18 months of the incident for misdemeanor offenses.
If you are to be charged at the felony level, charges can be filed up to three years from the date of the offense. If you believe the statute of limitations has already expired in your case, you may require the legal support of a highly skilled assault and battery attorney in Lakewood with Flesch Law to help you get the charges against you dismissed.
You may have hoped to avoid criminal charges by discussing the details of the incident with the police, but doing so could have a devastating impact on the outcome of your case. Unless your assault and battery lawyer in Lakewood is present, you should not answer any questions law enforcement officials may have.
Inform them that you are going to be exercising your Fifth Amendment right to remain silent. You do not want to say anything that could be self-incriminating or allow the prosecutor to twist your words, arguing that you said something implying guilt.
It is possible you could enroll in an adult divergent program (ADP). Prosecutors may offer ADP to qualifying individuals. Generally, ADP is available to first-time, non-violent offenders according to CRS 18-1.3-101.
With an assault charge, this could be considered a violent offense, which would make you ineligible for ADP. However, if we can get the state to agree to plead you down to a lesser offense, this alternative sentencing option could be the best-case scenario. If you are enrolled in ADP, you will be required to follow specific program terms, such as:
You may be tempted to save money by hiring a public defense attorney to handle your assault and menacing charges. However, if you have the means, hiring a private criminal defense attorney is almost always in your best interest.
While public defenders are certainly capable attorneys, the fact is that they are often burdened with caseloads that they cannot handle, according to the American Bar Association. This means public defenders may not be able to give your case the attention it deserves. When your freedom is on the line, and the risk of collateral consequences is high, you need serious attention to detail and the resources to build a powerful criminal defense strategy. Unfortunately, this may not be possible if you do not work with a trial-proven criminal defense attorney.
You do not have to handle a criminal case on your own as a defendant. You have the right to retain counsel. Hiring an experienced criminal defense lawyer in Lakewood gives you the tools and tactics you need for the strongest possible defense against assault or battery charges.
For more information about how a Lakewood criminal defense attorney with Flesch Law can help you, contact our firm today. We offer free consultations and answer calls 24 hours a day.