Fighting Misdemeanor Assault In The Third-Degree Charges
Third-degree assault in Denver is committed when a person knowingly, recklessly, or with criminal negligence causes bodily injury to another person.
It is important to note that Colorado criminal courts define injury as not only any physical and visible injury, but also as any pain. Meaning if you strike, shove of kick anyone and it causes him or her pain because he or she fell or he or she felt discomfort, then technically that is considered third-degree assault in Arapahoe.
It is very common for most assault cases in Colorado state courts to also have a harassment charge CRS 18-9-111, filed with them. Harassment charges involve all the elements (or parts) of an assault crime in Jefferson County except for the element of “injury”. So if a jury feels that you did all the things that constitute an assault in Jefferson County but you just didn’t injure the person, then the jury can still find you guilty of harassment and this means you now have a permanent criminal record that can never be sealed or expunged off your record. In this tough economy, employers, landlords and lenders rely heavily on criminal background checks to determine if they can trust you with their money and their business. Now more than ever, it is not a good time to try to fight these types of charges by yourself, or with a inexperienced attorney and find that you wish you had taken your third-degree assault charges in Boulder or Longmont more seriously.
I was charged with Third-Degree Assault in Jefferson County, why is there a restraining order against me?
Well, the first thing a judge or court will order is a restraining order — or what is known as a mandatory protection order in Colorado. This is an order from the court that says you may not contact, harass or intimidate any witnesses or victims to your case in any way until further order of the court. Usually the judge wants to see you spend some time taking anger management classes, parenting classes, or just a “cooling off” period of several months to occur before the no-contact order is lifted. This no-contact order is fine for two people that are strangers, but what if the named victim is your husband, or wife or child? Courts often make you have to move out of your home if the assault is charged as DV (a charge of domestic violence — meaning the misdemeanor assault is believed to have been committed against your spouse, domestic partner or even a past domestic partner!)
With the economy doing poorly, it is unreasonable to expect a family to have to pay full-time mortgage on one house, and for mom or dad to have to rent a month-to-month apartment or motel room as well. Often what the district attorney or court thinks is appropriate in your assault case in Arapahoe, may lead to your family going bankrupt or losing all of your savings account if you are lucky enough to have one. It is time to get serious about your defense and your rights. At Shazam Kianpour & Associates, we have handled hundreds of assault cases and understand what it is going to take to get your rights reinstated. We are third-degree assault lawyers in Adams County, Broomfield County, Weld, Boulder, and surrounding counties of the metro Denver area. Give us a call so we can help put your life back in your hands where it belongs.
I am charged with Third-Degree Assault in Denver, what will my sentence be?
A common question that our clients ask us is: what is the sentence for an assault in the third-degree conviction in Colorado? Well, the first thing to know is that other than a sex misdemeanor, assault is the most serious misdemeanor you can be charged with in Colorado. It is called an “extraordinary risk crime” which means that you are exposed from six months up to two whole years in county jail without work release or ankle monitoring (called In Home Detention). If you are lucky enough to get probation, you may be required to serve up to 60 days straight jail as a condition of probation, and you can count on many classes that your probation will make you take possibly including anger management classes, domestic violence classes in Colorado, conflict resolution classes, parenting classes, drug and alcohol abuse classes, and the list goes on and on.
Contact Us For Experienced Assault Defense
At Shazam Kianpour & Associates, our team of trained and experienced lawyers has seen and handled both misdemeanor and felony assault charges for years. We have the knowledge of the crimes, and the resources in the community to get you back on the right track and begin getting the word “normal” back in your life again. Shoot us an email or give us a call right now at 303-578-4036, and we will meet for your free initial consultation. Don’t turn one mistake into two; call the right assault defense attorneys today because when you need us, we are there for you.