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Accused of Domestic Violence in Denver Understand Your Rights 
/ 20 September, 2023

In 2022, there were approximately 167 domestic violence incidents reported in Denver. This was slightly down from 2021 when the average month saw 169 reports.

Unfortunately, these statistics show how prevalent cases of domestic violence are. If you face these charges, knowing what to do is critical.

The legal process can be complex and confusing if you are accused, arrested, and charged with domestic violence. At the Law Offices of Stephen J. Pisani, we are ready to help with your case. The first step is to call our office to schedule a consultation.

It is necessary to understand what constitutes domestic violence in Denver and your rights if you are arrested and charged with this crime.

Understanding Domestic Violence Accusations

In Denver, domestic violence is not classified as a separate crime but is regarded as an enhancement to other criminal charges. It involves any crime against a person you have had an intimate relationship with, which includes a current or former spouse, current or former unmarried couples, or individuals with a child in common.

This legal standpoint means that many actions, including physical harm, threats, or even disturbing someone’s peace, can potentially lead to a domestic violence arrest when occurring in a domestic setting. Understanding this definition is crucial when facing accusations, as it lays the groundwork for what one may encounter in the legal process.

Common Charges

Several common charges may be leveled against you when facing a domestic violence accusation. These could include assault, harassment, false imprisonment, or criminal mischief.

It is not uncommon to face multiple charges stemming from a single incident. Also, these charges can escalate depending on various factors, such as the alleged severity of the incident, prior offenses, and protective or restraining orders.

Navigating these charges is complex, making it smart to consult with a seasoned Denver domestic violence defense lawyer to guide you through the intricacies of your case, ensuring a thorough understanding and a solid defense strategy.

Immediate Consequences

You will likely face immediate repercussions after a domestic violence arrest in Denver. Apart from the legal ramifications, which might include mandatory arrest policies leading to being taken into custody, there is also a societal aspect to consider. You might find personal relationships strained and your reputation in the community affected.

Additionally, restraining orders might be instituted, limiting your contact with your loved ones. Act swiftly, take steps to protect your rights, and seek expert advice. Understanding the immediate consequences of this charge will help you know what to expect during the legal process.

Legal Rights of the Accused

If you are accused of domestic violence, it does not mean you are stripped of your rights. In this situation, you retain the following rights:

Presumption of Innocence

One fundamental principle of the U.S. legal system is the presumption of innocence. This signifies that anyone accused of a crime, including those facing a domestic violence arrest, is considered innocent until proven guilty in a court of law.

This also means the burden of proof is on the prosecution, requiring them to present substantial evidence to prove guilt beyond a reasonable doubt. An attorney can answer any questions about this right and how it benefits your situation.

Right to Remain Silent

Cases of domestic violence are often fueled by anger and emotions. Many people may say something that hurts their case without realizing it.

However, you have the right to remain silent. This helps to protect you from self-incrimination. You do not have to answer questions from the police or prosecution without a Denver domestic violence defense lawyer present. Using this right will help you protect yourself against missteps or issues with what you say.

Right to an Attorney

Another right is your entitlement to legal representation. Hiring a Denver domestic violence defense lawyer can be crucial in understanding and navigating the legal landscape that follows an accusation. A defense lawyer brings experience and knowledge, helping build a strong defense strategy tailored to your situation. Your attorney will advocate for your rights and provide guidance when answering police or investigator questions.

Building a Defense

After being accused or charged with domestic violence, you must focus on protecting your rights. This means focusing on how to build a solid defense for your case.

Our Denver domestic violence lawyer is here to help with this. Some of the ways our legal team can help with your case include:

Gathering Evidence

As soon as you find yourself involved in a domestic violence case, initiating the process of gathering evidence becomes pivotal. The first steps encompass documenting all relevant information.

This could involve collecting text messages, emails, or any other correspondence that might illuminate the event’s circumstances. Pictures of injuries or damaged property, if any, should be taken as they can be instrumental in building your case. Collaborating with a Denver domestic violence defense lawyer can provide a directed approach to assembling evidence to substantiate your defense.

Witness Testimonies

Witness testimonies play a crucial role in strengthening your defense. Identifying individuals who can vouch for your character or provide an account of the incident is essential—approach potential witnesses tactfully and professionally, keeping in mind the sensitive nature of the case.

Your defense lawyer can aid in this process, guiding you in securing credible and supportive testimonies that align with your defense strategy and ensuring a comprehensive presentation of facts that can sway the case in your favor.

Expert Consultations

Building a robust defense may involve going a step further by bringing experts on board. These could be professionals with expertise in psychology, domestic violence dynamics, or forensic analysis whose insights can add significant weight to your defense.

Leveraging expert consultations can bring a new perspective to your case, helping to debunk accusations or provide alternative explanations for the alleged events. Having a Denver domestic violence defense lawyer by your side can be beneficial in identifying and consulting the right experts.

Potential Defenses to Domestic Violence Charges in Denver

If you are facing domestic violence charges, there are several potential defenses. These include:


A widely recognized defense is claiming self-defense. In situations where you had a genuine reason to believe that you needed to protect yourself from harm, showcasing that your actions were a direct response to an immediate threat can be a valid defense. Detailing the events to your Denver domestic violence defense lawyer can assist in building a case around self-defense.


In rare cases, the defense of consent might be applicable. This strategy involves demonstrating that the alleged victim consented to the actions leading to the accusations. However, employing this defense can be incredibly delicate and complex, requiring the expert guidance of a well-versed Denver domestic violence defense lawyer.

False Accusations

Unfortunately, it is not uncommon for individuals to face false accusations in domestic violence cases. If you believe the allegations against you are fabricated, gathering substantial evidence to discredit the claims becomes essential. This might involve showcasing inconsistencies in the accuser’s statements or bringing forward alibi witnesses to support your defense.

Lack of Proof

In some situations, the prosecution may lack the substantial evidence to prove the accusations beyond a reasonable doubt. Working closely with your defense lawyer to scrutinize the evidence presented and identifying weaknesses in the prosecution’s case can be a viable strategy. Demonstrating that insufficient proof to support the charges can sometimes lead to the dismissal of the case.

Understanding Your Rights and Options When Facing Domestic Violence Charges

After a domestic violence arrest in Denver, individuals find many legal issues. Remember, understanding the legal definitions, the charges you may face, and the immediate repercussions can be instrumental in building a fortified defense. You must also be well-versed in your constitutional rights – such as the presumption of innocence and the right to legal representation. This will help you protect yourself and your rights.

Contact a knowledgeable Denver domestic violence defense lawyer if you or a loved one face such accusations. Contact our criminal defense lawyers today to guide you through the process with the diligence and expertise you deserve.


What qualifies as domestic violence in Denver?

In Denver, domestic violence refers to a crime committed against someone with whom the perpetrator has had an intimate relationship, encompassing a wide range of actions from physical harm to disturbances of peace.

What are the first steps to take after a domestic violence arrest?

Documenting relevant information and initiating the process of evidence collection, possibly under the guidance of a defense lawyer, stands as the initial step after a domestic violence arrest.

Why is legal representation important?

Legal representation ensures your rights are protected, guiding you through the complexities of the legal process and helping build a strong defense strategy tailored to your situation.

What to Know About Denver’s Domestic Violence Laws
/ 16 September, 2023

Domestic violence cases occur when individuals in an intimate relationship become violent with one another.  While these cases are usually between romantic partners, they can also occur between people living in the same home.

If you are accused of domestic violence in Denver, you may wonder what legal options you have. At the Law Offices of Stephen J. Pisani, our legal team can help you understand your rights and help you build a strong defense. Learn more about these charges and our role in your case here.

Colorado Domestic Violence Laws

According to the Colorado Revised Statutes, domestic violence refers to an act or threatened act of violence upon a person with whom the aggressor has been involved in an intimate relationship. It also pertains to crimes against property, including animal abuse, used as coercion, control, punishment, intimidation, or revenge directed against a person in an intimate relationship with the aggressor (C.R.S. §18-6-800.3).

The Colorado domestic violence laws further detail that an intimate relationship is between spouses, former spouses, past or present unmarried couples, or parents of the same child, irrespective of marital status (C.R.S. §18-6-800.3).

Understanding Mandatory Arrest Laws

The mandatory arrest provision is important to understand when reviewing Colorado domestic violence laws. This provision dictates that if a law enforcement officer has probable cause to believe domestic violence has occurred, the officer must arrest the suspect without a warrant (C.R.S. §18-6-803.6).

Common Domestic Violence Charges in Denver

Domestic violence is more common than some people realize in Colorado. While each case is unique, some charges are more common than others. Learn more about common domestic violence charges in Denver here.

Assault and Battery

A prominent charge that a domestic violence attorney in Denver often contends with is assault and battery. These charges are leveled when an individual knowingly or recklessly causes bodily harm to their intimate partner. The severity of the charges can vary, but an attorney’s expertise can help determine the specifics of each case.


Harassment is another charge frequently encountered in Colorado domestic violence laws. Harassment might encompass many behaviors, including stalking, cyberbullying, and relentless phone calls. The severity and nature of harassment can vary, making the role of an experienced attorney crucial in these cases.

Child Abuse

Unfortunately, child abuse is also a common domestic violence charge in Denver. These cases are incredibly sensitive, and having a proficient domestic violence attorney in Denver can be a significant asset in ensuring that all parties’ rights are upheld.

Navigating False Accusations

It’s also not uncommon to face false accusations in domestic violence cases. An attorney can be your ally in establishing the truth, guiding you through the rigorous process to safeguard your reputation and personal life.

Seeking a Domestic Violence Attorney in Denver

Finding the right domestic violence attorney in Denver can safeguard against the complexity of the legal process you must endure during domestic violence cases. The law offices of Stephen J. Pisani have an impressive track record of providing representation to individuals in these situations. The law firm brings quite a bit, including expertise, experience, and a full understanding of the local legal landscape.

Why You Need a Legal Representative

The repercussions of a domestic violence charge can be vast and long-lasting, affecting various aspects of an individual’s life, including personal relationships, employment opportunities, and housing arrangements. An experienced domestic violence attorney in Denver can help navigate the potential repercussions diligently and professionally.

The Protective Orders in Denver

An essential element within the Colorado domestic violence laws is the protection order, sometimes called a restraining order. This legal document, issued by a court, stipulates the conditions the accused must adhere to, often involving staying away from the victim and avoiding contact.

Obtaining a Protective Order

Obtaining a protective order is a legal right for victims of domestic violence in Denver. Victims can seek this legal remedy through various avenues, including reporting to law enforcement agencies or directly petitioning the courts.

An experienced domestic violence attorney in Denver can guide individuals in obtaining or defending against a protective order. They can advocate for you and ensure all legal steps are followed.

Defense Strategies for Domestic Violence Cases

A charge associated with domestic violence does not automatically mean you will be convicted. You have the right to seek legal representation and defend yourself in court.

The Law Offices of Stephen J. Pisani specialize in crafting robust defense strategies that align with the nuances of Colorado domestic violence laws. You can feel confident that your attorney will evaluate your case and work to build a defense to protect your rights and freedom.

Some of the most common defense strategies used in domestic violence cases include the following:


One of the potential defense strategies is self-defense. In this approach, it may be argued the defendant’s actions were necessary to respond to an immediate threat of harm.

Lack of Evidence

Often, domestic violence cases hinge significantly on the available evidence. A skilled attorney can argue the lack of sufficient evidence, creating reasonable doubt regarding the accused individual’s guilt.

Understanding Colorado Domestic Violence Laws

Understanding and navigating the Colorado domestic violence laws is a complex process requiring professional guidance and expertise. Whether you seek legal representation or want to understand your rights and legal options, the Law Offices of Stephen J. Pisani stands as a reliable, experienced, and professional ally in Denver.

Remember, you do not have to walk this path alone; reach out to a domestic violence attorney in Denver to guide you through the legal maze, ensuring justice, fairness, and recovery for all involved parties. Our legal team can help you understand your legal rights and options. We can also build a strong defense strategy and aggressively defend your rights and freedoms.

What to Know About DUI Charges with a Gun in the Car
/ 14 September, 2023

Driving under the influence (DUI) in Denver, Colorado, is a serious offense with potentially severe consequences. When a DUI involves the presence of a firearm in the car, it adds layers of complexity to an already challenging situation.

At the Law Offices of Stephen J. Pisani, we are your experienced DUI attorneys in Denver, ready to provide aggressive representation and expert legal guidance tailored to your unique circumstances.

Understanding DUI Laws in Colorado

Before delving into the specifics of DUI with a gun in the car, let’s establish a solid understanding of DUI laws in Colorado. Our team of DUI lawyers has extensive knowledge of these laws, ensuring you receive the best possible legal representation.

While there are no guarantees in DUI cases, you can count on our Colorado criminal defense lawyer to work tirelessly to help you achieve the best possible outcome for your case.

Blood Alcohol Content (BAC) Limits

Colorado has set a legal limit for blood alcohol concentration (BAC) at 0.08%. Our Denver DUI lawyers are well-versed in challenging BAC test results and defending your rights.

It is essential to understand that sobriety testing methods are not infallible. When you hire a DUI attorney from our law firm, we will challenge the test results to help prevent a conviction. We do this based on a complete understanding of Colorado DUI law.

Implied Consent

Colorado enforces an implied consent law, meaning that you agree to submit to a chemical test by obtaining a driver’s license if law enforcement suspects you of DUI. Refusing a chemical test can lead to automatic license suspension, and our experienced Denver DUI attorneys can help you navigate these challenging situations. DUI convictions are expensive financially and can impact your life in many other ways. Because of this, it is best to let us help build a DUI defense on your behalf.

DUI with a Firearm in the Car

The legal complexities increase significantly when a firearm is present in the vehicle during a DUI stop or arrest. Our team of Denver DUI attorneys is well-equipped to handle DUI cases involving firearms and will provide you with the comprehensive legal representation you need.

Colorado’s Prohibited Use of Weapons (PUW) Statute

Colorado’s PUW statute, found in C.R.S. 18-12-106, outlines the prohibition of carrying a concealed weapon while under the influence of intoxicating liquor or controlled substances. This statute directly affects DUI with a gun in the car cases.

Our Denver DUI lawyers are experienced in defending against PUW charges and will aggressively represent you to protect your rights and freedom. Many people in the Denver community have the right to carry firearms. However, you must do this while following the law. A police officer will use the presence of a gun to press even more charges against you in some situations.

It is best to contact our criminal defense law firm to avoid this outcome for your DUI case. We will review the specifics of your DUI charge and help prevent you from facing more consequences than what is fair.

Enhanced Penalties

DUI with a firearm in the car carries enhanced penalties compared to a standard DUI offense. We can work with the deputy district attorney to help have your drunk driving charges reduced in some situations. While this is not always possible, you can count on us to know and use Colorado DUI laws to help you get the best outcome from your case.

Potential Consequences of DUI with a Gun in the Car

When facing DUI charges with a firearm in the car, you must be aware of the possible consequences you may encounter in Colorado. Our DUI attorneys in Denver will guide you through every step of the legal process.

Criminal Penalties

If convicted of DUI with a gun in the car, you may face:

    • Jail time: Our DUI attorney in Denver will work tirelessly to minimize the potential jail time you may face. There are some DUI charges that come with mandatory jail time; however, we can discuss this on a case by case basis.
    • Fines: We will explore all available avenues to reduce penalties and financial burdens.
    • Probation: Our Denver DUI lawyers will assist you in meeting probation conditions effectively.
    • Community service: We can help you fulfill community service requirements.
    • Mandatory alcohol education programs: Our team will guide you through the compulsory education programs.
  • Criminal record: If you are convicted of a DUI, you will have a criminal record. We can help you understand waht options you have in this situation.

License Suspension

A DUI conviction in Colorado typically results in a license suspension, which can be lengthy. Our Denver DUI attorney is here to help you navigate the DMV hearing process and fight for your driver’s license. You have a limited amount of time to request a DMV hearing. If this time passes, your license will be automatically suspended.

Impact on Employment

A DUI conviction can affect your current job and future employment prospects, especially when firearms are involved. Our Denver DUI lawyers will work to protect your professional licenses and career.

Firearm Rights

A DUI with a gun in the car can impact your ability to possess firearms in the future. Our Denver DUI attorneys understand the complexities of this issue and will provide you with the necessary legal representation.

Other Potential Consquences

It is important to note that if you are arrested for DUI and have hit someone and caused a personal injury, there are additional consquences. The same is true if you hit someone and they die. In this situation, you may be charged with vehicular homicide. Our legal team can help you better understand the charges and potential consquences.

Defenses and Legal Strategies

Facing DUI charges with a gun in the car is daunting, but our experienced Denver DUI attorneys are prepared to protect your rights and employ effective defense strategies. Remember, it is best to speak to an experienced lawyer before you plead guilty or innocent for DUI, drug crimes, or in other cases.

Some of the defenses and legal strategies that our experienced attorney will use to help with your case include the following:

Lack of Evidence

Challenging the evidence against you is a common defense strategy. Our Denver DUI lawyers will meticulously examine the details of your case and challenge any weaknesses in the prosecution’s evidence. The police officers may claim you were driving with your ability impaired, but they must have substantial evidence to prove this. Our law office will work to create a defense that challenges their observations. This is useful when defending individuals facing criminal charges.

Miranda Rights Violation

If law enforcement did not properly advise you of your Miranda rights during the arrest process, it may be grounds for suppressing statements you made during the arrest. Our Denver DUI attorneys will investigate this aspect of your case thoroughly.

Fourth Amendment Violation

Our Denver DUI lawyers will assess whether the search and seizure of your vehicle were conducted without a warrant or probable cause, potentially leading to the exclusion of unlawfully obtained evidence.

Field Sobriety Test Accuracy

Challenging the accuracy and validity of field sobriety tests is another common defense strategy our Denver DUI attorneys will employ, as these tests are not always reliable indicators of intoxication. Even in situations of a blood or breath test, there are ways to challenge the results that we will explore to determine if they apply to your case.

Seeking Legal Representation in Denver

When facing DUI charges with a gun in the car in Denver, seeking professional legal representation from experienced Denver DUI lawyers is crucial. At the Denver DUI Law Offices of Stephen J. Pisani, we have a proven track record of successfully defending our clients against DUI charges in the Denver metro area.

Our Expertise

Our Denver DUI attorneys are well-versed in Colorado’s DUI and firearms laws, allowing us to provide you with the most effective defense strategies. We understand the complexities of DUI with a gun in the car cases and will work tirelessly to protect your rights and achieve the best possible outcome.

Personalized Approach

We recognize that each case is unique, and our Denver DUI lawyers take a personalized approach to build a strong defense tailored to your specific circumstances. Our goal is to minimize the impact of DUI charges on your life.

Negotiation and Litigation

Whether through negotiation or litigation, our Denver DUI attorneys are prepared to defend your case vigorously. We will explore all available options to secure your best possible result.

Contact Our Denver DUI Attorneys Today

If you face DUI charges with a gun in the car in Denver, Colorado, don’t hesitate to contact the Denver DUI Law Offices of Stephen J. Pisani for a free consultation. Our Denver DUI lawyers are here to provide you with the legal representation and support you need to navigate this challenging time. Let our experienced Denver DUI attorneys fight for your rights and future.

The first step is to contact our law office. We will provide you with aggressive criminal defense services.

Understanding Colorado’s Reasonable Doubt Standard in Criminal Cases
/ 30 August, 2023

When facing criminal charges in Colorado, it’s crucial to understand the legal standards that will determine your fate. The cornerstone of the criminal justice system is the presumption of innocence until proven guilty, and this principle is upheld through the burden of proof placed on the prosecution. In Colorado, like in the rest of the United States, this burden of proof is defined by the concept of “reasonable doubt.”

Do you understand what reasonable doubt means and how it applies to your criminal case? Do you know how a Colorado criminal defense lawyer can use this standard to help protect your rights and secure a favorable outcome for your case? Learn the answers to these questions and more, here. You can also contact our legal team at the Law Offices of Stephen J. Pisani to ask more questions and seek legal representation. 

Understanding Reasonable Doubt in Colorado Criminal Cases

The first step to understanding reasonable doubt is to break it down and understand what the law says. 

The Presumption of Innocence

In the United States, every person accused of a crime is presumed innocent until proven guilty beyond a reasonable doubt. This presumption is a fundamental principle of our criminal justice system, and it places the burden squarely on the prosecution to prove the defendant’s guilt. Without the prosecution meeting this burden, the defendant must be acquitted.

Defining Reasonable Doubt

Reasonable doubt is the highest standard of proof required in criminal cases. It is a crucial element of the due process of law, ensuring that innocent individuals are not wrongfully convicted. Reasonable doubt is the level of certainty that a reasonable person would need to believe that the defendant is guilty.

How is Reasonable Doubt Defined in Colorado?

Colorado law does not provide a specific definition of reasonable doubt. Instead, the courts rely on jury instructions to convey the concept to jurors during a trial. Typically, these instructions explain that reasonable doubt is not a mere possible doubt, speculative, or imaginary. Rather, a doubt is reasonable, based on the evidence or lack of evidence presented during the trial.

In January 2023, the explanation of reasonable doubt was updated in Colorado. Now, jurors are instructed the following: “Proof beyond a reasonable doubt” as “proof that leaves you firmly convinced of the defendant’s guilt.” This is changed from the former explanation: “a doubt which is not a vague, speculative or imaginary doubt, but such a doubt as would cause reasonable people to hesitate to act in matters of importance to themselves. (Colorado Judicial Branch, 2023)”

The Role of a Criminal Defense Attorney in Establishing Reasonable Doubt

While hiring a criminal defense attorney requires no legal requirement, having an experienced and knowledgeable lawyer can be invaluable. Your attorney will fully understand the law and how it applies to your case. Some of the reasons it is in your best interest to hire an attorney include the following:

Investigation and Evidence Review

One of the primary roles of a criminal defense attorney in Colorado is to thoroughly investigate the charges against their client and review all evidence presented by the prosecution. This includes witness statements, physical evidence, and any other relevant documentation. By examining the evidence, a defense attorney can identify weaknesses in the prosecution’s case and develop strategies to create reasonable doubt.

Challenging the Prosecution’s Case

A skilled Colorado criminal defense lawyer knows how to challenge the prosecution’s case at every turn. This may involve cross-examining witnesses to reveal inconsistencies or biases, questioning the credibility of evidence, or presenting an alternative narrative that raises doubt about the defendant’s guilt.

Presenting Alibi or Alternative Explanations

In some cases, a defense attorney may present an alibi or an alternative explanation for the events in question. By doing so, they can create reasonable doubt by showing that there is another plausible explanation for the alleged crime, one that does not involve the defendant.

Ensuring the Defendant’s Rights are Protected

The Constitution guarantees certain rights to individuals accused of a crime, including the right to remain silent, the right to an attorney, and the right to a fair trial. A criminal defense attorney in Colorado plays a crucial role in ensuring these rights are protected throughout the legal process. Any violation of these rights can weaken the prosecution’s case and contribute to the establishment of reasonable doubt.

The Importance of Jury Instructions

In Colorado criminal trials, jury instructions are key to conveying the concept of reasonable doubt to the jurors. The judge instructs the jury on the law, including the definition of reasonable doubt and how it applies to the case. An experienced criminal defense attorney will work closely with the judge to ensure that the jury receives clear and accurate instructions on the burden of proof.

Real-World Examples of Reasonable Doubt in Colorado Cases

To better understand how reasonable doubt plays out in Colorado criminal cases, let’s examine a few hypothetical scenarios:

  • Drug Possession Case: In a drug possession case, the prosecution presents evidence that drugs were found in the defendant’s car. However, the defense attorney successfully argues that multiple people borrowed the car, and the drugs could have belonged to someone else. This doubt about the defendant’s exclusive possession of the drugs raises reasonable doubt.
  • Eyewitness Testimony: In a robbery case, the only evidence against the defendant is the eyewitness testimony of the victim. The defense attorney presents an alibi for the defendant, supported by multiple witnesses who claim the defendant was elsewhere at the time of the robbery. This creates reasonable doubt about the accuracy of the victim’s identification.
  • Criminal Intent: In a white-collar crime case, the prosecution alleges that the defendant embezzled funds from their employer. The defense attorney argues that the defendant had full authorization to access those funds and that there was no criminal intent. This alternative explanation raises reasonable doubt about the defendant’s intent to commit a crime.

The Consequences of Reasonable Doubt

When a criminal defense attorney in Colorado successfully establishes reasonable doubt, the likely outcome is an acquittal. An acquittal means that the defendant is found not guilty and released from custody without facing any criminal penalties. However, it’s important to note that reasonable doubt doesn’t necessarily mean the defendant is innocent; it simply means that the prosecution failed to prove their guilt beyond a reasonable doubt.

Our Colorado Criminal Defense Attorney Can Help with Your Case

In Colorado, the reasonable doubt standard is a critical element of the criminal justice system that protects the accused’s rights. A criminal defense attorney in Colorado plays a pivotal role in challenging the prosecution’s case, presenting alternative explanations, and ensuring that the concept of reasonable doubt is effectively conveyed to the jury. 

If you or a loved one is facing criminal charges in Colorado, it’s essential to consult with an experienced Colorado criminal defense lawyer who can build a strong defense and work to establish reasonable doubt in your case, ultimately safeguarding your freedom and rights.

At the Law Offices of Stephen J. Pisani, our legal team can help you understand reasonable doubt and work to build a solid case to help you achieve the best possible outcome. 

Can You Get a DUI While Riding a Bike in Colorado?
/ 25 August, 2023

In the picturesque state of Colorado, known for its stunning landscapes and outdoor recreational activities, many residents and visitors enjoy the freedom of cycling. However, it’s crucial to understand that even while pedaling a bicycle, you can find yourself on the wrong side of the law if you’ve had a few too many drinks.

Understanding the law related to riding a bike after drinking is imperative. If you are arrested for this, knowing your legal options is essential. At the Law Offices of Stephen J. Pisani, we offer experienced legal services to help you if you are in this situation.

Learn more about the Colorado DUI law related to riding a bike after drinking and how our law firm can help if you are arrested.

Understanding Colorado DUI Laws

Before delving into the specifics of biking under the influence in Colorado, it’s essential to have a solid grasp of the state’s DUI laws. DUI (Driving Under the Influence) laws in Colorado are defined in CRS 42-4-1301. This statute prohibits vehicle operation while impaired by alcohol, drugs, or a combination thereof.

Defining a “Vehicle” in Colorado DUI Law

One key aspect of Colorado DUI law is defining a “vehicle.” Many assume that a bicycle doesn’t fall under this category, but Colorado law takes a broader stance. Under CRS 42-1-102(112), a vehicle is “a device capable of moving a person or property from one place to another.” This definition encompasses not only motor vehicles but also bicycles. Thus, riding a bicycle while under the influence can lead to a DUI charge.

The Legal Limit for Biking Under the Influence in Colorado

Colorado’s legal blood alcohol concentration (BAC) limit for driving a motor vehicle is 0.08%. This is a well-known fact among motorists, but it’s equally applicable to cyclists. If a police officer suspects you’re biking under the influence and you register a BAC of 0.08% or higher, you can be arrested and charged with a DUI.

Zero Tolerance for Underage Bicyclists

Colorado has a zero-tolerance policy for individuals under the legal drinking age of 21. If you’re under 21 and operating a bicycle with any measurable alcohol in your system, you can face legal consequences. Even a BAC below 0.08% can lead to a DUI charge for underage cyclists.

Consequences of Biking Under the Influence in Colorado

Now that we’ve established that biking under the influence is indeed a crime in Colorado let’s explore the potential consequences you may face if you’re arrested for DUI while cycling.

Criminal Penalties: If you’re convicted of biking under the influence in Colorado, you could face fines, probation, community service, or even jail time, depending on the circumstances and whether it’s your first offense.

  • Loss of Driver’s License: While a DUI on a bicycle won’t result in the suspension of your driver’s license if you have a valid driver’s license at the time of the DUI arrest, it will still be affected. Your driver’s license may be suspended if you’re convicted of a DUI on a bicycle, which can impact your ability to drive in the future.
  • Potential Impact on Future DUI Charges: If you’re arrested for a DUI on a bicycle and have previous DUI convictions in Colorado, the fact that you received a DUI on a bicycle can be used against you if you’re charged with another DUI involving a motor vehicle in the future. Colorado has a lookback period of 10 years for prior DUI convictions, so previous offenses can come back to haunt you.
  • Ignition Interlock Device: In some cases, a DUI conviction, even if it’s related to biking under the influence, can result in the requirement to install an ignition interlock device in your vehicle when your driving privileges are eventually restored.

The Role of a DUI Attorney in Colorado

Facing a DUI charge, whether on a bicycle or in a motor vehicle, can be a daunting experience. This is where the expertise of a DUI attorney in Colorado becomes invaluable. Here are some ways a skilled attorney can assist you:

  • Legal Counsel: An experienced DUI attorney can provide legal guidance and help you understand the charges you’re facing. They can explain the potential consequences and the best action to take.
  • Defense Strategies: Attorneys can analyze the evidence against you and develop effective defense strategies. They may challenge the accuracy of BAC tests, question the validity of the arrest, or seek to have evidence suppressed.
  • Negotiating Plea Bargains: In some cases, an attorney may negotiate with prosecutors to secure a favorable plea bargain that reduces the charges or penalties you face.
  • Court Representation: If your case goes to trial, a DUI attorney can represent you, presenting your defense and advocating.
  • Protecting Your Rights: Attorneys are well-versed in protecting your constitutional rights during the legal process, ensuring that law enforcement and prosecution follow proper procedures.

Statistical Insights

To underscore the importance of understanding Colorado’s stance on biking under the influence, let’s examine some relevant statistics:

According to the Colorado Department of Transportation (CDOT), in recent years, alcohol-related crashes have accounted for approximately 30% of all traffic fatalities in the state.

CDOT’s data also reveals that alcohol-related fatalities involving bicycles are not uncommon. In a recent year, there were 8 alcohol-related bicycle fatalities in Colorado.

The Colorado State Patrol reported over 5,000 DUI arrests in a given year. While this statistic primarily concerns motor vehicles, it demonstrates the seriousness with which Colorado law enforcement treats impaired driving.

Understanding Colorado’s DUI Law for Riding a Bicycle

In Colorado, the law takes a comprehensive approach to DUI, encompassing motor vehicles and bicycles. If you’re arrested for biking under the influence, you can face various legal consequences, from fines and probation to potential jail time. Moreover, a DUI on a bicycle can have implications for your driver’s license and future DUI charges.

Given the potential consequences, consulting a DUI attorney in Colorado is highly advisable if you face such charges. An experienced attorney can provide legal guidance, develop defense strategies, and ensure that your rights are protected throughout the legal process.

At the Law Offices of Stephen J. Pisani, we can help you fight a DUI charge. The first step is to call our office at (303) 529-2825 to schedule an appointment to discuss your case.

Remember, while Colorado offers countless outdoor recreation and cycling opportunities, it’s essential to enjoy these activities responsibly and within the bounds of the law. Understanding Colorado’s DUI laws is crucial in ensuring your safety and legal well-being while enjoying the beauty of the Centennial State on two wheels.

Potential Defenses to Fraud Charges Denver
/ 15 August, 2023

Facing fraud charges in Denver, Colorado, can be an overwhelming and distressing experience. If you or a loved one is in such a predicament, it is crucial to seek the counsel of a skilled criminal defense lawyer in Denver who specializes in handling fraud cases.

The Law Offices of Stephen J. Pisani proudly serve as trusted Denver criminal defense attorneys dedicated to safeguarding the rights and interests of our clients. When you retain our services, you can feel confident we will use our resources and experience to help you achieve the best possible outcome for your case.

Potential Defenses to Denver Fraud Charges

Knowing your rights and potential defenses is essential if you are arrested and charged with fraud. We can investigate your case to determine what defense option best suits your situation.

Some of the most common defense strategies we use to Denver fraud charges include the following:

Lack of Intent

One of the primary defenses in a fraud case is proving a lack of intent. Fraud requires the intentional deception of another party for personal gain.

If the accused can demonstrate that there was no intent to deceive or defraud the alleged victim, the charges may not stand. Intent is crucial, and the burden of proof lies with the prosecution to establish it beyond a reasonable doubt.

Mistake or Misinterpretation

Fraud cases often involve complex financial transactions and agreements. A defense lawyer may argue that any discrepancies or fraudulent activities were unintentional mistakes or resulted from misinterpretations of the terms involved. It is vital to show that there was no deliberate intention to deceive the other party and that any errors were promptly rectified once discovered.

Lack of Knowledge

A successful defense strategy can be based on a lack of knowledge about alleged fraudulent activities. This defense may apply if the accused was unaware of any fraudulent actions taken by others on their behalf or within their organization. Proving a lack of knowledge can be challenging, but an experienced criminal defense attorney can meticulously investigate and gather evidence to support this defense.

Duress or Coercion

In certain cases, individuals may be forced or coerced into engaging in fraudulent activities against their will. The defense of duress or coercion implies that the accused committed the fraudulent act under the threat of harm or severe consequences. If this defense can be substantiated, it may reduce the accused’s culpability.


Entrapment occurs when law enforcement officials induce or coerce someone into committing a crime they would not have otherwise committed. If the defendant can demonstrate that they were lured into fraudulent activities by authorities or informants, it may constitute a valid defense in court.

Insufficient Evidence

The prosecution must present sufficient evidence to prove the defendant’s guilt beyond a reasonable doubt. A skilled criminal defense lawyer in Denver will carefully analyze the evidence against the accused and challenge its credibility or validity if necessary. The case may be dismissed if there is a lack of substantial evidence supporting the charges.

Constitutional Violations

Defense attorneys may explore the possibility of constitutional violations during the investigation or arrest. If law enforcement officials violated the accused’s rights, such as conducting an illegal search and seizure or failing to read Miranda rights, it could lead to the exclusion of crucial evidence or even the dismissal of the case.

Mistaken Identity

In some fraud cases, mistaken identity might be a valid defense. If the prosecution cannot establish beyond a reasonable doubt that the accused is the individual who committed the fraudulent act, the defense may argue for the charges to be dropped.

Understanding Potential Defenses to Denver Fraud Charges

Fraud charges can have severe consequences, including significant fines and potential imprisonment. If you face such charges in Denver, Colorado, seeking immediate assistance from a reputable criminal defense attorney is paramount.

At the Law Offices of Stephen J. Pisani, our experienced legal team is dedicated to providing vigorous representation and crafting customized defense strategies to protect your rights and secure the best possible outcome for your case.

Remember that every case is unique, and the information provided in this blog should not be construed as legal advice. We encourage you to schedule a consultation with our Denver criminal defense attorneys for specific guidance related to your situation. Don’t navigate the complexities of the legal system alone; let us stand by your side and fight for your rights.

Contact our legal team at (303) 529-2242 to schedule an appointment to discuss your case.

Do I need a Denver DUI Lawyer?
/ 02 August, 2023

If you face charges of driving under the influence (DUI) in Denver, Colorado, understanding the severity of the situation and the potential consequences you might face is essential. Navigating the legal complexities of DUI cases can be overwhelming and challenging without legal representation.

At the Law Offices of Stephen J. Pisani, our lawyers can help you understand your rights, investigate the charges, and build a solid defense on your behalf. We aim to help you achieve the best possible outcome for your situation.

Here, you can learn more about when to hire a Denver DUI lawyer and what our legal team offers.

The Seriousness of a Denver DUI Charge

A DUI charge in Denver is a serious offense with significant ramifications. Colorado’s DUI laws are stringent, and penalties for DUI convictions can be severe, including the following:

  • License Suspension: A DUI conviction in Colorado can lead to a significant driver’s license suspension, restricting your ability to drive legally and potentially affecting your daily life and employment.
  • Heavy Fines: Convicted DUI offenders in Colorado may face substantial fines, putting a strain on their finances and challenging them to meet other essential financial obligations.
  • Probation: The court may impose probation, requiring strict compliance with specific conditions, such as alcohol education classes or regular check-ins with a probation officer.
  • Ignition Interlock Device: In Colorado, a DUI conviction may require the installation of an ignition interlock device, adding costs and inconvenience to your daily commute.
  • Incarceration: Depending on the severity of the offense, a DUI conviction can result in jail time, leading to personal hardship and disruption to family and work life.
  • Criminal Record: A DUI conviction will permanently mark your criminal record, potentially affecting future job prospects and personal opportunities.
  • Increased Insurance Rates: With a DUI conviction, insurance rates will likely skyrocket, placing additional financial strain on your budget for years.
  • Limited Employment Opportunities: Having a DUI on your record may limit your chances of landing certain jobs, especially those involving driving or requiring strict background checks.
  • Mandatory DUI Education Programs: Colorado often mandates DUI education programs for convicted offenders, which can consume time and money.
  • Negative Impact on Personal Relationships: A DUI conviction can strain personal relationships, as loved ones may view the offense as irresponsible and reckless.

Navigating the complexities of a DUI charge in Colorado is crucial to minimize the potential consequences and protect your future. Moreover, a DUI conviction can impact your personal and professional life, affecting your job prospects, reputation, and insurance rates. Therefore, taking immediate action and seeking professional legal representation is crucial.

The Expertise of a Denver DUI Lawyer

When facing a DUI charge in Denver, enlisting the services of an experienced Denver DUI lawyer can make all the difference in the outcome of your case. A DUI attorney in Denver possesses in-depth knowledge of Colorado’s DUI laws and legal procedures. They understand the complexities of the criminal justice system and can navigate it effectively on your behalf.

When you hire a Denver DUI attorney, they start working to build a robust defense strategy tailored to your unique circumstances. They thoroughly analyze the evidence, scrutinize police reports, and, if necessary, interview witnesses to uncover potential weaknesses in the prosecution’s case. With their expertise, they can identify opportunities for negotiation or even getting the charges dismissed or reduced.

Protecting Your Rights

One of the critical roles of a Denver DUI lawyer is to protect your rights throughout the legal process. They ensure that you are treated fairly and that your constitutional rights are upheld.

In DUI cases, law enforcement officers must follow specific protocols during the arrest, including probable cause, proper administration of field sobriety tests, and adherence to breathalyzer procedures. If any of your rights were violated during your DUI arrest, a skilled Denver DUI attorney can use this as a basis for your defense.

Minimizing Penalties

In the event of a DUI conviction, a Denver DUI lawyer can be instrumental in minimizing the penalties you may face. A DUI charge can lead to license suspension, mandatory DUI classes, and hefty fines, even if it’s your first offense.

However, with the right representation, your attorney can negotiate with the prosecution or judge to seek alternatives, such as alcohol education programs, community service, or probation, which can result in reduced penalties.

Exploring Possible Defenses

A skilled Denver DUI attorney will explore all possible defenses to strengthen your case. Depending on the circumstances, potential defenses might include challenging the accuracy of breathalyzer or blood test results, questioning the validity of field sobriety tests, or even proving that you were not operating the vehicle at the time of the incident. Each case is unique, and a DUI lawyer in Denver will tailor their defense strategy to the specific details of your situation.

Guidance and Support

Facing a DUI charge can be an emotional and stressful experience. A Denver DUI lawyer provides legal expertise and essential guidance and support during this challenging time.

They will keep you informed about the progress of your case, explain legal jargon in a clear manner, and answer any questions you may have. Having a supportive attorney by your side can give you peace of mind and confidence as your case progresses through the legal system.

Hiring a Denver DUI Lawyer Helps Protect Your Rights

If you are charged with a DUI in Denver, it is crucial to seek the services of an experienced Denver DUI lawyer. Their expertise, knowledge of DUI laws, and dedication to protecting your rights can significantly impact the outcome of your case.

With a strong defense strategy and skilled representation, you may have the opportunity to minimize the penalties or even have the charges dismissed. Remember, time is of the essence, so do not hesitate to contact a Denver DUI attorney as soon as possible to ensure the best possible defense for your case.

At the Law Offices of Stephen J. Pisani, our legal team is ready to help with your case. Contact us at (303) 635-2242 to discuss your case.

What Does a Denver Criminal Defense Attorney Do?
/ 24 July, 2023

When facing criminal charges in Denver, the stakes can be high, and the consequences are often life-changing. A Denver criminal defense attorney can be your strongest ally in such challenging circumstances.

At the Law Offices of Stephen J. Pisani, you will find experienced criminal defense lawyers ready to help build a solid defense against the charges against you. While there is no legal requirement that you have to hire a lawyer, and you have the option for a public defender, hiring an attorney specializing in criminal cases has several benefits.

Understanding the Role of a Denver Criminal Defense Attorney

When navigating the complexities of the criminal justice system in Denver, having a skilled and experienced legal advocate by your side is essential. A Denver criminal defense attorney is critical in defending individuals facing criminal charges, ensuring their rights are protected, and providing a strategic defense.

Defending Clients Against Criminal Charges

The primary responsibility of a Denver criminal defense attorney is to represent and defend clients who are facing criminal charges. Whether the charges are for DUI, drug offenses, theft, assault, or any other criminal offense, the attorney works diligently to protect the rights of the accused throughout the legal process.

Legal Expertise and In-Depth Knowledge of Criminal Law

A Denver criminal defense lawyer, such as Stephen J. Pisani, fully understands Colorado’s criminal laws and the complexities of the legal system. They keep themselves updated with any changes in laws and legal precedents, ensuring they can provide their clients the most effective defense strategy.

The Importance of Early Legal Intervention

In the realm of criminal defense, timing can be everything. Early legal intervention can often make a significant difference in the outcome of a case. When facing criminal charges in Denver, seeking the guidance of a skilled attorney is invaluable.

Advising Clients During Police Interrogations

When an individual is arrested or investigated, the police may attempt to gather evidence through questioning. A Denver criminal defense attorney plays a crucial role in protecting clients from self-incrimination by advising them to handle police interrogations while safeguarding their rights.

Securing Bail and Pretrial Release

In many cases, a Denver criminal defense lawyer can work to secure bail for their clients, enabling them to be released from custody while their case is pending. This allows the accused to continue their daily life and effectively collaborate with their attorney to build a strong defense.

Thorough Case Analysis and Investigation

Behind every successful criminal defense lies meticulous case analysis and thorough investigation. In the pursuit of justice, a Denver criminal defense attorney works to create a strong defense on behalf of their client. Discover how the relentless pursuit of truth can tilt the scales of justice in favor of the accused.

Collecting Evidence to Strengthen the Defense

An experienced Denver criminal defense attorney conducts a thorough investigation to gather evidence that supports the client’s innocence or casts doubt on the prosecution’s case. This may involve reviewing police reports, interviewing witnesses, examining forensic evidence, and seeking expert opinions.

Identifying Procedural and Evidentiary Issues

By scrutinizing every aspect of the case, a skilled defense attorney can identify procedural errors or violations of the accused’s constitutional rights. Such findings can be instrumental in suppressing evidence or even dismissing the case.

Strategic Negotiation and Plea Bargaining

Part of the criminal defense process is strategic negotiation and plea bargaining. These serve as powerful tools to achieve favorable outcomes. A Denver criminal defense attorney possesses the art of diplomacy, skillfully navigating negotiations with prosecutors to secure reduced charges or alternative sentencing options.

Negotiating with Prosecutors

Denver criminal defense attorneys are adept at negotiating with prosecutors to seek a favorable resolution for their clients. This may involve pursuing a plea bargain that reduces charges or secures alternative sentencing options.

Pursuing Alternative Sentencing and Diversion Programs

In certain cases, a Denver criminal defense lawyer may advocate for their client to participate in diversion programs or alternative sentencing options, such as drug rehabilitation or community service, instead of traditional incarceration. This approach aims to rehabilitate the accused and reduce the burden on the criminal justice system.

Vigorous Courtroom Representation

When a criminal case reaches the courtroom, the dynamics change drastically. A Denver criminal defense attorney steps into the role of a formidable advocate, passionately defending their clients’ rights and presenting a compelling case.

Building and Presenting a Strong Defense

When a case proceeds to trial, a Denver criminal defense attorney like Stephen J. Pisani brings their expertise and courtroom experience to defend their client’s rights vigorously. They present evidence, cross-examine witnesses, and make compelling arguments to persuade the jury or judge to rule in favor of their client.

Protecting Against Unfair Trial Practices

A skilled defense attorney is always alert to potential prosecutorial misconduct or biased proceedings during the trial. They work diligently to protect their client from any unfair practices that could impact the case outcome.

Securing Justice with a Denver Criminal Defense Attorney

If you are facing legal trouble, having a reliable and knowledgeable Denver criminal defense attorney can be the difference between an unfavorable outcome and a second chance. The Law Offices of Stephen J. Pisani in Denver provide expert representation and a steadfast commitment to protecting the rights of their clients.

Whether negotiating with prosecutors or aggressively advocating in the courtroom, their dedication to justice ensures that every client receives a fair defense. If you face criminal charges in Denver, reaching out to a reputable criminal defense attorney at our law firm can be your best course of action to safeguard your future. Call us at (303) 529-2834 to schedule an appointment.

7 Common Arrests in Denver, Colorado
/ 10 July, 2023

Denver, Colorado, is a vibrant city known for its stunning scenery, thriving cultural scene, and bustling metropolitan atmosphere. However, like any other major city, Denver has its share of legal issues and law enforcement activities.

Understanding common arrests in Denver can help individuals stay informed and take appropriate action when necessary. Here, you can learn more about the most common arrests in this area. If you find yourself in a situation where you need legal assistance, our legal team at the Law Offices of Stephen J. Pisani is here to help.

Driving Under the Influence (DUI)

Driving under the influence of alcohol or drugs is a serious offense with severe consequences. In Denver, law enforcement officers actively patrol the roads, looking for signs of impaired driving.

If you are found to have a blood alcohol concentration (BAC) of 0.08% or higher, you may be arrested for DUI. It is crucial to avoid drinking and driving, ensuring the safety of yourself and others on the road.

Drug Possession

Denver has experienced an increase in drug-related arrests in recent years. While Colorado has legalized the recreational use of marijuana, possessing other illegal substances, such as cocaine, methamphetamine, or heroin, can lead to arrest and criminal charges. It is essential to be aware of the state’s laws and refrain from possessing or distributing illegal drugs.

Assault and Battery

Assault and battery charges can result from physical altercations, fights, or acts of violence. Denver law enforcement takes these offenses seriously, and those involved may face arrest and prosecution. Engaging in peaceful conflict resolution and seeking legal assistance can help avoid unnecessary confrontations and potential arrests.

Theft and Shoplifting

Theft and shoplifting are common property crimes in Denver. Whether it’s stealing from a retail store or taking someone’s property without permission, such actions can lead to arrest and criminal charges. It is important to respect others’ property rights and refrain from engaging in any form of theft.

Domestic Violence

Domestic Violence incidents occur far too often in Denver, as in many other cities. Law enforcement responds promptly to reports of domestic violence, and those found guilty of such offenses may face arrest, restraining orders, and legal consequences. It is crucial to prioritize healthy communication, seek help for anger management issues, and report incidents promptly to the authorities.

Public Intoxication

While Denver has a vibrant nightlife and numerous entertainment venues, public intoxication can result in arrest. Being heavily intoxicated in public places and causing disturbances can lead to law enforcement intervention. Drinking responsibly and seeking alternative transportation options if necessary is advisable to ensure personal safety and avoid legal troubles.

Disorderly Conduct

Engaging in disorderly conduct, such as fighting in public, creating public disturbances, or disturbing the peace, can lead to an arrest in Denver. Law enforcement officers are vigilant in maintaining public order and safety. Practicing respect, empathy, and self-control in public spaces can help prevent involvement in disorderly conduct incidents.

It is important to note that each arrest situation is unique, and the legal consequences may vary depending on the circumstances and evidence involved. If you or someone you know has been arrested in Denver, it is crucial to consult with an experienced criminal defense attorney who can provide guidance and advocate for your rights.

Understanding the Most Common Arrests in Denver

Like any other major city, Denver, Colorado, experiences a range of common arrests. Understanding the laws and avoiding activities that can lead to an arrest is vital for residents and visitors. By being aware of these common arrests, individuals can make informed choices, respect the law, and contribute to a safe and harmonious community in Denver.

If you have been arrested and face criminal charges, we are here to help. Contact the Law Offices of Stephen J. Pisani to discuss your situation. Our legal team will help you build a strong defense and achieve the best possible outcome for your case. Contact us at (303) 529-2825 to schedule an appointment.

Understanding Vehicular Manslaughter Colorado
/ 04 July, 2023

Vehicular manslaughter is a serious offense that can result in severe legal consequences. In Colorado, it is crucial to have a comprehensive understanding of the laws and regulations surrounding vehicular manslaughter to ensure proper legal representation and defense.

Here, you can learn more about vehicular manslaughter in Colorado, including its definition, penalties, and key considerations. If you find yourself facing charges related to vehicular manslaughter, it is essential to consult with an experienced attorney, such as The Law Offices of Stephen J. Pisani, to protect your rights and navigate the legal system effectively.

Defining Vehicular Manslaughter

Vehicular manslaughter, also known as vehicular homicide, refers to the unlawful act of causing the death of another person while operating a motor vehicle. In Colorado, vehicular manslaughter is categorized into two degrees: vehicular manslaughter in the first degree and vehicular manslaughter in the second degree.

Vehicular Manslaughter in the First Degree

Vehicular Manslaughter in the First Degree is a serious offense in Colorado. It occurs when a person causes the death of another while operating a vehicle recklessly.

Recklessness refers to conduct that demonstrates a conscious disregard for foreseeable risks and disregards the safety of others. Conviction of this Class 3 felony can result in imprisonment for 4 to 12 years and a fine ranging from $3,000 to $750,000. Aggravating factors like driving under the influence or prior offenses can increase penalties.

If you are facing charges of Vehicular Manslaughter in the First Degree, it is crucial to consult with experienced attorneys who can build a strong defense. They can help guide you through the legal process.

Vehicular Manslaughter in the Second Degree

Vehicular manslaughter in the second degree occurs when a person operates a vehicle in a negligent manner and, as a result, causes the death of another person. In this context, negligence refers to the failure to exercise reasonable care while operating a motor vehicle.

Under Colorado law, vehicular manslaughter in the second degree is considered a Class 4 felony, as outlined in Colorado Revised Statutes Section 18-3-106. The potential penalties for this offense include imprisonment for a term ranging from 2 to 6 years and a fine between $2,000 and $500,000.

Aggravating Factors and Enhanced Penalties

In certain cases, aggravating factors may increase the severity of the charges and penalties associated with vehicular manslaughter. These factors may include:

  1. Driving Under the Influence (DUI): If the driver was under the influence of drugs or alcohol during the incident, the charges and penalties may be enhanced. DUI offenses in Colorado are taken seriously, and the legal limit for blood alcohol concentration (BAC) is 0.08%.
  2. Reckless Driving: Engaging in highly dangerous driving behaviors, such as excessive speeding, street racing, or evading law enforcement, can result in enhanced charges and penalties.
  3. Previous Offenses: If the driver has prior convictions for similar offenses, it can lead to more severe penalties upon conviction for vehicular manslaughter.

Legal Defenses for Vehicular Manslaughter

When facing charges of vehicular manslaughter in Colorado, it is crucial to have strong legal representation to protect your rights and build a solid defense. Several potential defenses may be applicable in these cases, including:

  • Lack of Recklessness or Negligence: Challenging the prosecution’s argument that the driver’s actions were reckless or negligent can be a viable defense strategy. This may involve demonstrating that the driver’s behavior did not meet the legal criteria for recklessness or negligence.
  • Causation: Disputing the causal link between the driver’s actions and the resulting death can be an effective defense strategy. This may involve presenting evidence that the victim’s death did not directly result from the defendant’s actions.
  • Violation of Constitutional Rights: If law enforcement violated the driver’s constitutional rights during the arrest or investigation, it may be possible to have the evidence suppressed or the charges dismissed.

Why Do You Need an Attorney When Facing Vehicular Manslaughter Charges?

Facing vehicular manslaughter charges is a daunting and complex situation. Having a skilled and experienced attorney by your side is crucial in such cases. Here are several compelling reasons you need legal representation when facing vehicular manslaughter charges in Colorado.

Understanding the Legal Process

Navigating the legal system can be overwhelming, especially for individuals unfamiliar with its intricacies. An attorney specializing in vehicular manslaughter cases can guide you through the entire legal process. They will explain the charges, potential penalties, and the steps involved in building a solid defense.

Protecting Your Rights

An attorney’s primary role is to safeguard your constitutional rights. They will ensure that law enforcement and prosecutors adhere to proper procedures and do not violate your rights during the investigation and trial. Your attorney will diligently review the evidence, challenge any unlawfully obtained evidence, and fight to exclude it from the case if necessary.

Building a Strong Defense Strategy

Vehicular manslaughter cases require a comprehensive and well-planned defense strategy. An experienced attorney will evaluate the facts and circumstances of your case, identifying weaknesses in the prosecution’s arguments and evidence. They will work diligently to build a strong defense tailored to your situation, aiming to mitigate the charges or secure an acquittal.

Assessing the Evidence

Vehicular manslaughter cases often involve complex evidence, such as accident reconstruction reports, medical records, witness testimonies, and expert opinions. An attorney has the expertise to assess and interpret this evidence accurately. They will identify inconsistencies, flaws, or alternative explanations that can weaken the prosecution’s case and strengthen your defense.

Negotiating Plea Bargains

In some situations, it may be beneficial to negotiate a plea bargain with the prosecution. An attorney skilled in vehicular manslaughter cases will assess the strengths and weaknesses of the prosecution’s case and use this information to negotiate favorable terms on your behalf. They will strive to minimize the potential penalties and consequences of the charges.

Courtroom Representation

During the trial, an attorney provides essential courtroom representation. They have the knowledge and experience to present a persuasive case before the judge and jury. From cross-examining witnesses to presenting expert testimony, your attorney will skillfully advocate for your innocence or argue for lesser charges and penalties.

When facing vehicular manslaughter charges, it is vital to have a competent attorney on your side. They will guide you through the legal process, protect your rights, and build a robust defense strategy.

The Law Offices of Stephen J. Pisani in Colorado specialize in vehicular manslaughter cases and can provide the expertise and support you need during this challenging time. Remember, having a skilled attorney can make a significant difference in achieving the best possible outcome for your case.

Protect Your Rights and Freedom When Facing Vehicular Manslaughter Charges

Vehicular manslaughter is a serious offense with severe legal consequences in Colorado. Understanding the nuances of the state’s laws surrounding vehicular manslaughter is essential for anyone facing charges related to this crime.

Consulting with an experienced attorney, such as The Law Offices of Stephen J. Pisani, can provide valuable guidance and defense strategies to protect your rights and ensure the best possible outcome for your case. Contact us at (303) 635-6768 to schedule an appointment to discuss your situation.

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