Assault & Battery Defense in Denver, Colorado

An assault charge in Colorado can upend your life in an instant. Even a misdemeanor conviction carries the potential for jail time, a permanent criminal record, and lasting damage to your personal and professional reputation. Aggravated assault charges — involving serious bodily injury or the use of a deadly weapon — are prosecuted as felonies with sentences that can reach decades in prison. If you have been charged with any form of assault, the strength of your defense will determine the trajectory of your future.

Types of Assault Charges in Colorado

Colorado law defines assault across three degrees, each with distinct elements and penalties. Third-degree assault (C.R.S. 18-3-204) is a Class 1 misdemeanor involving knowingly or recklessly causing bodily injury to another person. Second-degree assault (C.R.S. 18-3-203) is a Class 4 felony that applies when serious bodily injury is caused intentionally, or when a deadly weapon is used to cause any injury. First-degree assault (C.R.S. 18-3-202) is a Class 3 felony — one of the most serious violent crime charges in the state — and requires intent to cause serious bodily injury with a deadly weapon, or conduct that creates a grave risk of death. Colorado also prosecutes related offenses including menacing (placing another person in fear of imminent serious bodily injury), reckless endangerment (creating a substantial risk of serious bodily injury to another), and vehicular assault (causing serious injury through reckless driving or DUI).

Penalties and Consequences

Third-degree assault carries up to two years in jail and fines up to $5,000. Second-degree assault is punishable by 5 to 16 years in the Department of Corrections, and if the offense is found to be a crime of violence under C.R.S. 18-1.3-406, the court must impose a sentence to the Department of Corrections and may add an additional period of mandatory parole. First-degree assault carries 10 to 32 years in prison. An assault conviction — even at the misdemeanor level — can affect child custody proceedings, employment background checks, firearm rights, and immigration status.

Defense Strategies

Assault cases often depend heavily on witness testimony, physical evidence, and the circumstances surrounding the incident. Our defense team builds cases by:

• Self-defense and defense of others — Colorado’s self-defense statute (C.R.S. 18-1-704) permits the use of reasonable force when a person reasonably believes it is necessary to protect themselves or a third party from the imminent use of unlawful physical force. We gather evidence — witness statements, surveillance footage, medical records — to establish that our client acted lawfully.
• Challenging the degree of injury — The distinction between “bodily injury” and “serious bodily injury” often determines whether a charge is a misdemeanor or a felony. We work with medical experts to contest the prosecution’s characterization of injuries.
• Questioning witness credibility — Many assault cases involve conflicting accounts. We investigate witness bias, inconsistencies in statements, and prior relationships between the parties.
• Examining physical evidence — We analyze forensic evidence, surveillance recordings, and crime scene documentation to identify inconsistencies with the prosecution’s theory.
• Negotiating reduced charges — When the evidence warrants, we negotiate plea agreements that reduce felony charges to misdemeanors or secure deferred judgments that result in case dismissal upon completion of conditions.

Why Choose Blackwood Defense

Our attorneys have tried assault cases at every level, from county court misdemeanors to district court felony jury trials. We understand Colorado’s self-defense laws, the nuances of injury classification, and the courtroom strategies that produce favorable outcomes. We bring the same intensity and preparation to every case, because we know that the consequences of an assault conviction extend far beyond the sentence imposed by the court.