Castle Rock First Degree Assault Lawyer: Parker, Colorado 1st Degree Assault Attorney
First Degree Assault Parker, Colorado Lawyer: Elements of 1st Degree Assault
In Parker and Castle Rock, Colorado, prosecutors must prove several elements of First Degree Assault to convict a person of 1st Degree Assault. Some of these elements include the intent of the crime, whether serious bodily injury was present and whether a deadly weapon was involved.
What Are the Defenses to First Degree Assault in Douglas County and Castle Rock?
Self-defense is a possible defense in First Degree Assault cases in Douglas County and Castle Rock. To utilize the defense of self-defense, a criminal defense lawyer must prove a person believed they were in danger and needed to use force against another person (as long as the force was necessary and reasonable for that purpose). In other cases, perhaps a person faced First Degree Assault charges after defending their home from a burglar / thief. Under these circumstances, Colorado's “Make My Day” law could apply. The Make My Day law states that a person is justified in using physical force (including deadly physical force) when another person made an unlawful entry into their home, and the occupant believed the person committed a crime in the home or they believed the other person would have used physical force against them. Defenses can also arise if someone committed First Degree Assault as a result of using physical force in defense of premises or property (C.R.S. 18-1-705, C.R.S. 18-1-706).
What is the Sentence / Penalty for First Degree Assault in Highlands Ranch and Castle Rock?
First Degree Assault can be charged as a class 5 felony or class 3 felony. Whether Assault in the First Degree is charged as a class 5 felony or class 3 felony depends on what the circumstances were when the Assault was committed. If Assault in the First Degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion (provoked by an alleged victim), First Degree Assault is a class 5 felony. If those circumstances are not present, 1st Degree Assault is a class 3 felony. Committing First Degree Assault under a “heat of passion” means a person was highly provoked by another person. The Heat of Passion defense can be helpful when your criminal defense lawyer is looking for tools to reduce the level of charges you’re facing. Any time an alleged victim experiences serious injury, prosecutors often charge the more serious felony Assault. First Degree Assault is also often charged with Domestic Violence, which increases the possible consequences of a conviction.
Charged with First Degree Assault in Castle Rock? Call Us at 303-265-1950
First Degree Assault charges in Castle Rock, Colorado, should be handled by an experienced, zealous criminal defense lawyer. Don’t entrust your future to an inexperienced public defender or part-time criminal defense attorney. Instead, work with a full-time Castle Rock First Degree Assault lawyer at the O’Malley Law Office. We have over 40 years of combined courtroom experience. We will work tirelessly to get Assault charges reduced or dismissed. We will visit the crime scene, interview key witnesses and prove your lack of intent to the prosecution and court. Put your trust into a Castle Rock First Degree Assault lawyer at the O'Malley Law Office and protect your freedom.