At Ciancio Ciancio Brown, P.C., our Denver assault and battery defense lawyers offer experienced and effective advocacy. Our attorneys boast more than 40 years of combined experience. Two of our attorneys are former prosecutors, and one is a former municipal judge. This well-rounded experience lends us the skills and insight necessary to navigate the criminal justice system.
Our Denver criminal defense lawyers understand what it takes to successfully defend against assault and battery charges. We are committed to our clients’ causes, and we devote the time and attention necessary to provide exceptional, next-level representation. Contact us for an initial consultation if you’ve been arrested or charged with assault and battery in Denver.
Everyone makes mistakes in life. Perhaps you were involved in a bar fight. Perhaps violence erupted in the confusion of a party or concert. Perhaps you found yourself facing charges even though you acted in self-defense or defense of others. Whatever the circumstances, you have rights, and you deserve a strong defense.
What is Colorado’s Definition of Assault and Battery?
Assault and battery are two separate types of crimes in Colorado. Assault refers to unlawfully injuring another person, such as through physical force, punching or kicking. Battery – more often referred to as menacing in Colorado – refers to using threats, intimidation or actions to place a person in fear of imminent bodily harm. Colorado law creates several classifications of assault and battery crimes. The degree of the offense and the possible consequences depend on the particular facts of each case, including:
The threatening actions taken
The defendant’s intent
Whether there was harmful physical contact
Whether a deadly weapon was involved
Typically, assault charges come with a harsher sentence than battery or menacing in Colorado. However, both can carry serious consequences. Examples include $1,000 to $100,000 in fines, mandatory community service, probation and restitution for the victim. A felony-level conviction can lead to jail time. If a deadly weapon was used, the prison sentence can be significant. Even misdemeanor offenses can permanently mar your criminal record, impacting your educational opportunities, employment prospects, housing and other important aspects of life.
Why Choose Our Firm?
In many cases, prosecutors overcharge assault and battery cases or seek a harsher sentence than is necessary. We closely examine every case to explore all avenues for achieving a successful outcome. Our Denver assault and battery defense attorneys are effective negotiators; we have successfully obtained reduced charges and lesser sentences through aggressive plea bargaining.
At the same time, however, we will never hesitate to take a case to trial if needed. Our Denver assault and battery defense lawyers will do everything possible to diminish the consequences that you face as someone accused of assault or battery in Denver.
Defense Strategies in Assault and Battery Cases
The burden of proof in a criminal case rests with the prosecution, not the person who’s been arrested. It is the prosecutor’s job to prove that the defendant committed the crime with proof beyond a reasonable doubt. The defense does not have to prove the defendant’s innocence; it only has to show that the prosecution has not met the burden of proof required to result in a guilty verdict.
One of the most common defense strategies is to claim self-defense. Self-defense is to use physical force upon another person to defend the individual or a third person from what he or she reasonably believes is the use or imminent use of unlawful physical force by the perpetrator. If self-defense can be proven, an individual will be found to be justified in injuring someone else for the purpose of self-preservation.
Colorado law only allows the use of force in self-defense under limited circumstances. Because the use of force must be reasonable and proportional to the perceived threat, self-defense can be difficult to prove. Our attorneys understand the complex legal standards surrounding self-defense, and we know how to present a compelling case.
Accident (Lack of Intent)
Another potential defense is lack of intent. To prove guilt beyond a reasonable doubt, there must be evidence of the defendant’s knowing intent to commit the crime in question; intent to assault or menace the victim. If the assault was an accident – such as if you mistakenly thought that the victim posed a threat to you or if you unintentionally pushed or injured the victim – the prosecution might not meet its burden of proof in demonstrating that you intended to commit a crime.
Civil rights violations or evidence of police misconduct can strengthen your defense or even dismiss the charges of assault or battery against you. If the police behaved incorrectly at any point during your arrest, detainment or the investigation of your alleged crime, this could result in the evidence obtained being ruled inadmissible in court. Examples include an unlawful search or seizure, police brutality during your arrest, the failure to read you your Miranda rights, and false arrest.
If there is evidence that the alleged victim has falsely accused you of assault or battery, we may be able to use it as a defense strategy. If the alleged victim is an ex-spouse, ex-friend or someone else who has reason to want revenge against you, for example, this could aid in your defense. In rare circumstances, it may also be appropriate to assert that the victim consented to the alleged assault or battery – meaning no crime has been committed.
Every criminal case in Denver is unique. What works for one defendant might not work for your situation. You need a Denver assault and battery defense attorney to craft the ideal defense strategy for your specific assault or battery case, as well as your criminal history. While we never make guarantees about the outcome of a case at Ciancio Ciancio Brown, P.C., we always work relentlessly to create the strongest possible defense. We will treat your case with passion, commitment and attention to detail.
Attorneys Handling Assault Charges in Denver and Throughout Colorado
Being arrested for an alleged assault or battery crime in Denver is a frightening experience. You don’t have to face your future alone. Our Denver assault and battery defense attorneys can represent you during every phase of a criminal case to protect your legal rights. To learn more about how we can help, contact our assault and battery defense lawyers. For an initial consultation with one of our lawyers.
Litigation is a journey. This is a journey we have taken with our clients a countless number of times. If you face the uncertainty, risk, fear, anger, or disbelief that comes with the prospect of going through a legal dispute, the law firm of Ciancio Ciancio Brown, P.C. will help you through it.