Colorado Springs Violent Crimes Attorneys

In Colorado, violent crimes such as murder, aggravated robbery, aggravated assault and sex crimes are treated with utmost seriousness. If you’re facing such allegations or a serious crime, it is crucial to secure an experienced criminal defense attorney.

Founding attorney Clifton Black has been a criminal defense attorney since 2000. At Black, Blink, & Associates LLC, our seasoned criminal defense attorneys have a proven track record of successfully defending clients against violent crimes in Colorado Springs and Denver. Our attorneys are committed to understanding every facet of your case, crafting an effective defense strategy designed to uphold your rights within the Colorado legal system.

Understanding The Gravity Of Violent Crimes

In Colorado, crimes of violence can lead to longer prison sentences as compared to nonviolent felonies of the same category. However, only specific offenses are classified as crimes of violence, such as rape, aggravated robbery and kidnapping. In addition, enhanced penalties will apply if, during these crimes, the defendant used a deadly weapon, caused significant injury or death, or in the case of certain sex crimes, employed threats or force.

Examples of crimes of violence in Colorado include, but are not limited to:

• First and second-degree murder
• Various forms of assault and sexual assault
• Kidnapping
• Aggravated robbery
• First-degree arson and burglary

However, for a crime to be considered violent, the defendant must have either used or threatened to use a deadly weapon. Any crime that caused grave injury or death (excluding harm to accomplices) is also considered a violent crime.

What Types Of Violent Crimes Are Prosecuted In Colorado?

Colorado law outlines several categories of violent crimes, each carrying serious penalties. Many of these charges are subject to mandatory sentencing for violent crimes under CRS 18-1.3-406, which restricts a judge’s ability to lower prison terms. They include:

• First-degree murder: Classified as a Class 1 Felony, this charge involves intentionally causing another person’s death with premeditation. Convictions can lead to life in prison without parole.
• Second-degree murder: Usually a Class 2 Felony, this crime covers situations where someone knowingly, but not premeditatedly, causes another’s death.
• Manslaughter: A Class 4 Felony, this applies when a person recklessly causes another’s death, often during fights or careless actions.
• Assault: First-degree assault, a Class 3 Felony, involves serious bodily injury and often the use of a weapon. Second- and third-degree assault are also felonies, though with lesser penalties.
• Kidnapping: First-degree kidnapping, often tied to ransom or threats, is a Class 1 Felony. Second-degree kidnapping (such as unlawfully taking a person without consent) is a Class 2 Felony.
• Sexual assault: Certain charges qualify as violent sex offenses and can include lifetime sex offender registration. Sentences may also involve consecutive sentences for violent crimes in Colorado, especially if multiple victims are involved.

Working with a Colorado Springs violent crimes attorney is critical for anyone facing these charges.

What Legal Defenses Can Be Used In Violent Crime Cases?

When facing violent crime allegations, the defense strategy must be carefully built around the facts of the case. Courts and juries in Colorado take these matters seriously, but defendants also have rights of the accused in violent crimes in Colorado, including the right to challenge the evidence. Common defenses include:

• Self-defense or defense of others: Arguing the accused acted to protect themselves or someone else from harm.
• Mistaken identity: Challenging witness testimony or suggesting the accused was not the actual offender.
• Lack of intent: Showing that the act was accidental and not intentional can reduce or dismiss certain charges.
• Alibi: Presenting proof that the accused was elsewhere when the crime occurred.
• Challenging evidence: Questioning forensic testing, digital data or the credibility of witnesses.
• Procedural errors or rights violations: For example, evidence obtained without a proper warrant or questioning done in violation of Miranda rights.

A Denver violent crimes lawyer’s role goes beyond presenting defenses in court. They also collect and analyze evidence, such as reviewing police reports, examining forensic results and cross-checking witness statements.

This detailed approach is why working with an experienced attorney for violent felony charges in Colorado is vital.

What Happens After An Arrest For A Violent Crime?

After an arrest in Colorado, the process can move quickly, and knowing the steps helps defendants protect themselves. Here are the main stages:

• What to do if arrested: The most important step is to remain silent, avoid resisting and immediately request a violent crime defense attorney. Anything said to law enforcement can be used against the accused later.
• Bail and bond hearings: Bail may be set very high or even denied for violent crimes. A lawyer can argue for fair bail terms and help with bond arrangements.
• Arraignment and plea bargaining: Charges are formally read, and pleas are entered at arraignment. Plea negotiations may follow, where an attorney works to reduce charges or penalties.
• Grand jury or preliminary hearing: In some Colorado cases, prosecutors present evidence to a grand jury or during a preliminary hearing to determine if enough proof exists for trial.

At each step, the presence of a defense lawyer helps ensure the accused’s rights are upheld and options are carefully explained. Seeking a Colorado Springs criminal lawyer consultation immediately after arrest can influence case development.

What Are The Consequences Beyond Jail Time?

The penalties for violent crimes in Colorado do not end with incarceration. Many defendants face additional long-term consequences that affect their future:

• Loss of rights: Convictions often mean losing gun rights and sometimes even voting rights.
• Employment and housing challenges: A felony record makes finding jobs or securing safe housing harder.
• Professional licenses: Those working in licensed fields, such as healthcare or education, may lose their ability to work in their chosen career.
• Immigration Issues: Noncitizens risk deportation or losing their immigration status if convicted.
• Sex offender registration: For violent sex offenses, lifelong registration may be required.

Probation and parole are also part of Colorado’s sentencing structure. While they can allow early release, they come with strict conditions.

Violations often result in being sent back to prison. Because of factors like the jury’s role in violent crime sentencing in Colorado and the possibility of deadly weapon enhancements under Colorado sentencing laws, penalties can quickly become more severe than expected.

Mandatory Sentences For Violent Crimes In Colorado

The statute CRS 18-1.3-406 outlines that individuals convicted of violent crimes face stringent sentencing rules. Essentially, they can receive a sentence ranging from the midpoint to twice the maximum of the presumptive range set for the crime.

Basic mandatory sentencing includes:

• Midpoint to maximum sentencing: If someone is found guilty of a violent crime, their sentence won’t be arbitrary. Instead, it’s framed within specific boundaries.
• Minimum: The minimum sentence will be the halfway point of the set range for that crime, ensuring a basic penalty even in the most lenient cases.
• Maximum: The harshest sentence can be up to twice the maximum limit of the set range. This allows for considerable flexibility, ensuring that particularly grievous instances of the crime can be punished more severely.

This sentencing structure strikes a balance and provides the court direction to ensure that individuals convicted of the same crime won’t receive vastly different sentences. This provides consistency within the criminal justice system.

However, by setting a range rather than a fixed duration, the court can consider the specific circumstances and severity of each case and can tailor the punishment accordingly.

Consecutive Violent Crime Offenses Committed After July 1, 2023

Convictions for multiple violent crimes from the same incident will result in consecutive (back-to-back) sentences. However, for offenses committed after July 1, 2023, after a defendant has served a specific duration of their sentence (usually between 2 to 5 years), individuals can request a review or modification of their sentence. The court may adjust these sentences if they find substantial evidence of the defendant’s rehabilitation efforts and if certain mitigating factors are present. An experienced criminal defense attorney can advocate for this on your behalf.

Convictions For Violent Sex Offenses After November 1, 1998

A conviction for a violent sex offense after November 1, 1998, can result in an indefinite prison term. This can range from a specified duration to a life sentence, depending on the offense’s severity. It is important to retain an experienced criminal defense attorney who can guide you through the Colorado criminal justice system.

Concurrent Sentences For Convictions Of Violent Crimes

Under specific conditions, the court might allow concurrent (overlapping) sentences for multiple violent crimes from the same incident. This is generally possible if certain criteria about the nature of the crime and the defendant’s history are met.

The Jury’s Role In Sentencing For Violent Crimes

In trials, the jury or judge must determine if the defendant used or threatened to use a weapon, or caused injury or death. This finding influences the applicability of mandatory violent crime sentencing. If a dangerous or semi-automatic weapon was used in the crime, an additional five-year sentence is added to the defendant’s prison term. This is served consecutively to the main sentence and is not eligible for suspension or probation.

Consult A Violent Crimes Defense Attorney

Our violent crimes defense attorneys will provide a thorough assessment and analysis of your case to customize a strategy on your behalf. Our legal team at Black, Blink, & Associates LLC, also prioritizes client communication to make sure that you are understanding your rights and the court proceedings. To schedule a consultation, send us a message. You can also learn more about our criminal defense services or schedule an appointment by calling our office at 719-694-0578.

Assault FAQs

Common questions and answers when charged for assault in Colorado

General questions

1. What are the different degrees of assault in Colorado?
   Colorado has three degrees of assault:

• Third-Degree Assault (misdemeanor): Knowingly or recklessly causing bodily injury to another person. “Bodily injury” can be as little as physical pain.
• Second-Degree Assault (felony): Intentionally causing serious bodily injury, causing bodily injury with a deadly weapon, or recklessly causing serious bodily injury with a deadly weapon.
• First-Degree Assault (felony): Intentionally causing serious bodily injury with a deadly weapon or causing permanent disfigurement or disability.

2. What is the difference between “bodily injury” and “serious bodily injury”?

• Bodily injury: Physical pain, illness, or any impairment of physical or mental condition. Hitting someone and causing them to feel pain at a minor level is bodily injury.
• Serious bodily injury: Injury that involves a substantial risk of death, serious and protracted disfigurement, or protracted loss or impairment of the function of any bodily member or organ, such as a fracture, laceration or a second- or third-degree burn.

3. What is considered a “deadly weapon” in Colorado?
   In Colorado, a deadly weapon is not limited to guns or knives. It can be any object that is used as a weapon, and can cause death or serious bodily injury. This could include a bludgeon, a heavy object, or even a car.

4. What is the difference between assault and menacing?
   Assault involves causing physical injury, while menacing is knowingly placing another person in fear of imminent serious bodily injury. Menacing is a crime based on a credible threat, not physical contact.

5. How do prosecutors decide which degree of assault to charge?
   The charging decision depends on several factors, including:

• The level of intent (intentionally, knowingly, or recklessly).
• The severity of the victim’s injuries.
• Whether a deadly weapon was used.
• Whether the victim was a protected professional, such as a police officer or firefighter.

What to do after being charged

6. I was arrested for assault. What should I do immediately?
   Your first step should be to exercise your right to remain silent regarding the allegations and request an attorney. Provide law enforcement with your name, address, social security number and date of birth. Do not discuss the allegations with law enforcement or make any statements about the incident. Contact the attorneys at Black, Blink, and Associates for immediate help at 719-328-1616 or by clicking on this link. blackandblinklaw.com

7. Can I talk my way out of the charges with the police?
   Probably not. It is a common mistake for people to think they can explain their side to police and have the charges dropped. Anything you say can and will be used against you. Police are trained to elicit incriminating information, so it’s always best to remain silent and contact an attorney at Black, Blink, and Associates at 719-328-1616 or by clicking on this link: blackandblinklaw.com

8. Can the alleged victim drop the charges?
   In Colorado, the alleged victim does not have the legal authority to drop the charges. This decision rests with the prosecutor, who represents the state. Even if the victim does not want to proceed, the prosecutor can continue the case. However, the prosecution still needs to prove the person is guilty beyond a reasonable doubt and often needs the alleged victim’s cooperation.

9. What is the process after being charged?
   The process typically involves being arrest, booked in jail, setting of bail, an initial court appearance (arraignment), and pretrial proceedings. Your lawyer will be able to guide you through each stage, which may ultimately lead to a plea bargain or a trial.

10. Do I need a lawyer for an assault charge?
    Yes. An assault charge, even a misdemeanor, can have severe and lasting consequences. A skilled criminal defense attorney can review evidence, identify defenses, negotiate with the prosecutor, and protect your rights throughout the process.

Common defenses

11. Can I claim self-defense?
    Yes, self-defense is a common defense against assault charges in Colorado. You can use reasonable physical force to protect yourself or others from imminent harm. The force used must be proportional to the threat.

12. What about the “Make My Day” law?
    Colorado’s “Make My Day” law is a specific version of the right to self-defense that applies to a person’s home. It allows an occupant to use deadly force against an intruder who was not invited into the property or refuses to leave if they reasonably believe the intruder is committing a crime and is likely to use any physical force against an occupant.

13. What if it was an accident?
    If you can prove that you lacked the required intent and that the injury was purely accidental, it can serve as a defense. The prosecutor must prove you acted intentionally, knowingly, or recklessly.

14. What if the alleged victim is lying?
    False accusations do occur. An attorney can work to uncover the truth, inconsistencies in the accuser’ story, accuser’s motive, such as revenge, bias or that they were the aggressor, and challenge the credibility of their story.

15. What is the “heat of passion” defense?
    A heat of passion defense does not get the case dismissed, but is a defense that can reduce a felony assault charge to a lesser felony. It applies if you acted under a sudden heat of passion caused by a serious and highly provoking act from the victim, and there was not sufficient time to cool down.

Potential outcomes and penalties

16. What are the potential penalties for an assault conviction?
    Penalties vary drastically by degree.

• First-Degree Assault: A Class 3 felony with a mandatory prison term of 10 to 32 years and fines.
• Second-Degree Assault: A Class 4 felony with a potential prison term of 5 to 16 years and fines.
• Third-Degree Assault: A Class 1 misdemeanor with a potential jail sentence of up to 24 months and fines.

17. What is a plea bargain?
    A plea bargain is an agreement between the prosecutor and the defendant where the defendant pleads guilty to a lesser charge in exchange for reduced penalties. A criminal defense attorney can negotiate with the prosecutor to get the best possible outcome.Black, Blink and Associates has been very successful in reducing the consequences for their clients.

18. What is a deferred judgment?
    A deferred judgment is an agreement where you plead guilty, and the court delays sentencing. If you successfully complete a period of probation and other requirements like anger management classes no new violations of law, the case is dismissed, and you can later petition to have the record sealed.

19. What happens if the assault charge is for domestic violence?
    In Colorado, domestic violence is a sentencing “enhancement” to an underlying criminal charge, not a standalone crime. A domestic violence assault charge triggers a mandatory arrest, staying in jail until you are brought in front of a judge, a protection order, and specific consequences like mandatory treatment programs and loss of firearm rights.

20. Can I get a protection order dropped if the assault charge is domestic violence?
    The protection order will not be completely dropped while the case is pending. Even if the victim wants to drop the order or reconcile, a criminal protection order issued in a domestic violence case can only be modified or dropped by the court. An experienced attorney is often helpful in working with the alleged victim and prosecutor to amend the protection order.

After the case is resolved

 

21. Can an assault record be sealed in Colorado?
    Record sealing for assault charges is limited.

• Dismissed Charges: If the case is dismissed, you can typically petition to have the record sealed immediately.
• Deferred Judgments: Records can be sealed after the deferred judgment is successfully completed.
• Convictions: Sealing a misdemeanor assault conviction is difficult, and sealing a felony assault conviction is typically not possible.

22. How does a criminal record affect my life?
    An assault conviction can have serious consequences beyond jail and fines. It can negatively impact your employment opportunities, housing applications, and professional licensing. A domestic violence tag on an assault charge can also cause you to lose your gun rights.

23. Can a conviction affect my immigration status?
    Yes. Assault can be considered a “crime of moral turpitude” and a deportable offense for non-citizens, regardless of the person’s visa or residency status.

24. What are the collateral consequences of an assault conviction?
    Beyond direct penalties, you could lose your right to own a firearm, have difficulty finding employment or housing, and face issues in family law cases.

25. If the charge is dismissed, does it disappear from my record?
    A dismissal does not automatically remove the charge from your criminal record. You must proactively file a petition to have the record sealed by the court.

Disclaimer: This information is for general educational purposes and should not be considered legal advice. Consulting with a qualified Colorado criminal defense attorney like the attorneys at Black, Blink, & Associates is essential for specific advice regarding domestic violence charges.