If someone falsely accuses you of assault, the charge and potential conviction may impact your life in several ways. Just the accusation of this can cause issues for you at work, resulting in you losing your job.
Even just the accusation of assault can cause problems between you, your friends, and your family. If you face this situation, get in touch with our legal team at Law Offices of Steven J. Pisani right away. We can fight for your rights and help you overcome these charges.
When facing a false assault charge, there are a few steps you need to take to protect your rights. In this situation, we encourage you to do the following:
You aren’t legally required to disclose information besides your personal identification when questioned by the police. You don’t have to explain what happened or your side of things related to the event in question. You also don’t have to provide any type of written statement. Taking steps to protect your rights and remaining silent ensures that you aren’t providing information to the prosecution they can use against you to make you seem guilty of the crime.
It’s a good idea to stay active and involved in your defense from the time you are arrested. If you are falsely accused of assault, then you need to begin gathering evidence to help prove you are innocent. Make sure to remember and tell your attorney about any witnesses who saw what happened. All this is going to be important when it comes to building a defense for your case.
If you happen to be convicted of the assault charge, you can face severe consequences. Sometimes this even includes jail time. If you have been wrongly accused of assault, our team will start working on your defense right away. Our goal is to help you achieve the best possible outcome for your situation.
No matter how someone makes you feel when you are arrested, you have rights. If you are falsely accused of assault, the rights that you have include:
It’s important to remember that with any criminal charge, you are innocent until the prosecution proves that you are guilty.
If you are facing some type of wrong or false assault charge, it’s important to ensure you make smart decisions as you navigate through the legal system.
When facing these charges, we encourage you to:
Something that is common in many assault charges in cases of false imprisonment. This occurs when someone prevents someone else from being able to move freely. If you are in a confrontation or argument with someone else, make sure you allow them to leave or walk away if desired.
Make sure to never keep them from leaving, which means don’t stand in front of an exit or door. Also, don’t force someone to stay in a spot or sit if they are trying to leave.
If you are falsely accused of assault, the legal team at the Law Offices of Steven J. Pisani is ready to help with your case. We will investigate your situation and gather evidence to help prove your innocence. We have defended countless cases like yours and will work tirelessly and fight for your rights aggressively inside and outside the courtroom. The best thing you can do is to get in touch with us as soon as possible after you are arrested. This will give us plenty of time to build a strong defense for your case.
Going to court to defend yourself against criminal charges is serious. When you are in the courtroom, the outcome of your case and, sometimes, your future lies in the hands of the judge or jury.
Because of this, you want to make a good impression. Part of making a good impression is following proper courtroom etiquette.
At the Law Offices of Steven J. Pisani, we work to prepare our clients for court, including helping them present themselves the proper way. Some etiquette tips that will go a long way for your day in court can be found here.
There are signs in almost every courthouse in the area (and the country) that prohibit the use of phones inside the courtrooms. Even though these signs and warnings are seen everywhere, phones are regularly going off and disrupting the proceedings.
In some cases, the judge may even get so frustrated with this that they charge the guilty party with contempt of court. This isn’t uncommon and is something that has happened in the past.
In the past, it wasn’t uncommon for attorneys and judges to smoke a cigarette or cigar in their chambers. In some cases, this even happened during the trial. Today, though, gum, drinks, food, tobacco, and other items like this are prohibited inside the courtroom. You should also leave your e-cigarettes at home.
When you go to court, you need to dress in a way that shows respect and dignity – for yourself and the court. Don’t wear t-shirts with offensive pictures or words, cut-off shorts, caps, low-cut blouses, or spandex to court. Wearing pajamas isn’t a good idea either.
It’s also worth noting that there are some courts that have stricter dress codes than others, so it is best to know ahead of time what is expected.
The judge presiding over your case is the “authority figure” in the courtroom. However, they also represent the law. It is respectful and expected that you stand when they enter. When the bailiff says “all rise,” be sure to stand up to show your respect for the judge, court, and law.
In most situations, the courtroom is not a place that children need to be. Not only will they have to sit quietly for an extended amount of time, but in some situations, the topics being discussed aren’t always kid friendly.
In fact, there are many jurisdictions that forbid children from being in the courtroom. Also, daycare service isn’t provided. Because of this, you need to make sure you have arranged for childcare on the date you are supposed to be in court.
Remember, when you are in court, especially for a criminal charge, it is a serious place. You need to show respect for the authority and dignity of the court. Falling asleep, propping your feet up, and rustling newspapers is not respectful.
It’s not uncommon for emotions to be high when you are in the courtroom. After all, the verdict or decision of your court case (especially for criminal charges) can change your life. Even though this is the case, part of courtroom etiquette is refraining from outbursts, facial expressions, or gestures.
As you can see, there are a few things you should and should not do when in court. If you want to make a good impression and set yourself up for success, then following the etiquette tips here is highly recommended.
At the Law Offices of Steven J. Pisani, we are ready to help ensure you represent yourself well in court. We will go over proper courtroom etiquette and ensure that you don’t make any missteps that may hurt your case. Our goal is to help you achieve the most positive outcome for your criminal case possible.
Criminal procedures can be complex, laden with various steps that can be nearly impossible to navigate. In no other state is this truer than in Colorado.
Colorado has one of the most complicated criminal procedures of any state in the country. If you or someone you know is facing criminal proceedings, you need a criminal lawyer who is well-versed in the state’s system.
Hiring the right criminal defense lawyer is indeed a must to battle criminal charges, but it is half the battle. The other half lies in knowing what to expect during criminal defense proceedings. Colorado’s criminal process consists of eight steps, beginning with the arrest and ending with sentencing.
Between these two points is when your criminal defense lawyer will be of most help. Read on to learn more about the steps involved in Colorado’s criminal process.
The criminal process in Colorado begins as it does in many other states — with an arrest. The arrest involves a police officer taking a suspected offender into custody.
If a police officer has a warrant of arrest, he or she can take a suspected offender into custody. However, there are situations wherein a police officer can make an arrest without a warrant.
One situation is if the police officer sees the person in the act of committing the crime. For example, if a police officer was on routine patrol and sees an individual robbing another, he or she can go in pursuit and arrest the culprit.
The officer, with sufficient reason to suspect an offender, can also make an arrest. In such a situation, the arrest would still be lawful even if the suspect was not caught in the act.
During an arrest, the police officer may read an offender’s Miranda rights. This is not an absolute necessity, especially in situations when the offender was caught committing a crime.
There are two advisements during criminal case proceedings — the first and the second.
The first advisement represents the first time the offender will be in court. During the first advisement, the offender — now the defendant — will be notified that legal action is being taken against him or her.
The court will also inform the defendant that he or she will be under investigation. It is also during this time when the court informs the defendant of the charges.
During the second advisement of charges, the court needs to ensure that the defendant understands the reasons for his or her arrest. Failure of the court to do this will constitute a mistrial, delaying the resolution of the case even further.
The second advisement involves the judge setting a bond amount. The bond is an amount of money the defendant needs to pay. By paying the set bond, the defendant can be free temporarily. The defendant will not be in police custody throughout the resolution of the criminal case.
As you might imagine, the bond can be worth a lot of money. The defendant with the aid of a criminal lawyer can challenge the amount and petition for a lower bond.
Defendants in criminal proceedings are entitled to being free on a bond. The only exception is for defendants accused of homicide.
There are consequences for a defendant trying to escape the state or refusing to report back to court on a bond. If the defendant does either, he or she will be arrested.
The preliminary hearing is where you will really need the counsel and representation of your criminal lawyer. During the preliminary hearing, your criminal lawyer can challenge the accusations and charges brought to you by the DA (district attorney).
During the preliminary hearing, the judge will not be making any rulings. However, it is during this stage of the proceedings that your attorney can disprove any evidence the DA has against you.
Doing this successfully will result in reasonable doubt in regards to your charges. This can take you a step closer to resolution and acquittal.
The disposition hearing takes place after your criminal lawyer’s full and comprehensive review of all evidence and records pertinent to your case. The disposition hearing is not a trial. Rather, it is time when your criminal lawyer can negotiate a plea with the DA.
A plea bargain during the disposition hearing can have several outcomes. These can be:
Because the disposition hearing is not a trial, the DA is under no obligation to present all evidence against the defendant. The accused will also not be in attendance and will not need to testify.
Arraignment is when you either plead guilty or not guilty. A plea of “not guilty” sets in motion events that will culminate in a jury trial and final sentencing.
If you plead guilty, on the other hand, you will be sentenced based on the terms agreed upon during your plea bargain.
The jury trial is the final step in the criminal process before sentencing. It is during this time that all parties involved in the case will be in attendance. It is also when the victim will testify, along with the DA’s complete presentation of his or her case against you.
The jury trial takes place before a judge and jury. The jury will consist of six to 12 people, to whom your criminal lawyer and the plaintiff’s counsel will argue their respective cases.
Once your criminal lawyer and the DA have presented their cases, the jury will convene for deliberation. The results of the deliberation will result in your exoneration or conviction.
If the jury deems that the DA has not mounted a sufficient case and argument against the defendant, the jury will not find the defendant guilty. On the other hand, if there is sufficient evidence that points to the accused’s hand in the crime, the jury will find the defendant guilty as charged.
After the jury’s deliberation, the judge will make a decision. The judge will decide on the defendant’s punishment or go based on the results of the jury’s consensus.
The criminal process of Colorado can be lengthy and complicated. While the state allows for self-representation, it is not a course of action recommended by anybody. Going about fighting charges on your own will be an uphill battle — one you are likely to lose.
The pivotal part of fighting off charges is by proving reasonable doubt. In other words, the ability to disprove the charges brought by the DA can make or break your criminal defense. For this, you need an experienced criminal defense lawyer who knows the nuances of Colorado’s criminal court process.
If you or someone you know is anticipating criminal proceedings, know that there is help available. For decades, we at Law Offices of Steven J. Pisani, LLC have fought for clients facing criminal charges and won.
How bad is the crime situation in Denver, CO? Let’s look at the numbers.
The city has robbery and vandalism rates of about 4%, according to the Denver Post. The same statistics show that violent crimes also occur in Denver. Less common are sexual and hate crimes, accounting for less than 1% each.
Indeed, you may not commit any of these crimes. On the other hand, if you have, then you will want a Denver criminal lawyer in your corner as you fight charges and jail time.
Hiring a lawyer is not cheap. As well, hiring the wrong one will land you in jail or cause you to pay hefty amounts in compensation. In short, hiring a Denver criminal lawyer is not a decision you should take lightly.
To determine whether or not your Denver criminal lawyer is worth working with, you need to screen them. You can conduct your screening process by asking these five questions:
Asking question will help you establish your attorney’s experience in handling your criminal case. You will want an attorney that has more than just seen a case like yours. Choose an attorney that has a proven track record succeeding in cases similar to yours.
An attorney worth your time and investment should also not hesitate to show you proof of his or her success rates in court.
Experience is crucial in many endeavors and professions. In no other profession is this truer than in criminal law.
You need to gain insight into the level of expertise your criminal lawyer has. Of course, expertise is only part of the equation. How long the lawyer has been in practice is an indicator of efficiency and potential success in handling your case.
Being in the business for a long time brings with it a network. By asking this question, you can also determine if your attorney has connections to leverage for the success of your case.
Ideally, you want to probe further about success rates in cases that are similar to yours. Granted, no Denver criminal lawyer will have a 100% success rate in handling cases and trials. What you want is a Denver criminal lawyer whose success rate is above 80%.
A success rate can mean one of two things. It is either the ratio between successful defenses or trials and losses. It can also be the ratio of cases that go to trial vs the ones that do not. This brings us to the next question.
A criminal case that goes to trial can be:
While a criminal defense lawyer has the know-how to go about trial proceedings, trials are not for the faint at heart. If your lawyer’s cases go to trial most of the time, you may want to find another.
The best criminal lawyers are separated from decent ones by the percentage of cases they settle with plea bargains and other extrajudicial means. Choose a lawyer with the expertise to take apart the circumstances of your case and negotiate without having to go to trial.
As someone who is seeking a service (in this case, legal representation), you are entitled to seeing reviews. Client testimonials can reassure you that the lawyer you are dealing with has indeed helped clients in the past.
Reading testimonials can also give you insight into other qualities of an attorney that go beyond credentials and track records.
Hiring a lawyer is serious business. You need the right one who can advocate on your behalf and handle your case with expertise and care.
No one wants or plans to be in a situation where they need to hire a criminal lawyer. However, if this situation arises, knowing how to find the right one for your case is a must.
When it is time to hire this legal professional, keep the following questions in mind to help you choose the best person for the job.
To evaluate your case and understand the facts, it is important to have a face-to-face meeting with the attorney you are thinking about hiring. Some attorneys charge for an initial consultation, while others do not. It is worth paying for the meeting if that is needed.
Knowing the lawyer’s experience in the field of criminal law can help you decide if they are worth hiring. Some criminal lawyers focus on several different areas of law. This may mean they do not have the ability or experience to represent your case properly in some situations. Finding someone whose main focus is criminal law is best.
Legal fees are a sensitive topic for some people, but it is something you need to discuss. While you want to ensure a quality, attorney handles your criminal issue, you also need a straight answer about how much they charge.
It is important to find an attorney who has handled cases like yours in the past. For example, DUI charges involve chemical testing, field sobriety testing issues, and other complex legal factors. Having an attorney with experience handling these types of cases is essential if you want the best possible outcome.
Sometimes, you may think hiring a “big-shot” lawyer that costs a lot of money will pay off. However, doing this usually means you will never see this big-name lawyer that is plastered on billboards across the city. Usually, firms like this will let junior attorneys handle the caseload. Be sure to ask who you will be working with during your initial meeting.
If you have a case that goes to trial, you need to have an attorney who has the skills and courtroom presence to argue your case before the judge and jury. You also need someone who knows how to prepare for the case and trial.
No matter the criminal charge you are facing, it can be a stressful process. You have a lot of questions going through your mind. Be sure to find out how available the attorney will be to answer questions you may have as the case progresses.
Finding the right criminal lawyer for your case is imperative. While the process may take time and effort, it is well worth it in the end. Asking the questions above will help you make an informed decision.
If you have been accused, arrested, charged with a criminal offense, you still reserve the right to fight your charges. This is best done by presenting your defense arguments to challenge whatever evidence the prosecution has against you. Whether you are facing a criminal, DUI, or traffic charge, you will want to enlist a skilled lawyer. A good Denver criminal defense attorney will review the facts of your case, apprise you of your legal options, and develop compelling legal defenses to fight the charges in your criminal case.
Here are some of the most common types of defenses used in criminal cases:
When facing criminal charges, you may raise the affirmative defense and argue that you acted in self-defense. This is one of the most common defense strategies that can help justify your actions and absolve you from any liability, particularly in assault or murder cases.
However, you must convince the court that the aim of your actions, which otherwise would be considered criminal, was to protect yourself from the aggressor. Also, you must prove that your actions were equivalent to the threat leveled against you.
If, for example, you are being accused of homicide, you must show that the attacker would have otherwise killed you, and hence you committed the criminal offense to prevent your own death.
Another common type of defense that can apply to criminal cases is alibi defense. In this defense strategy, you may argue that you were not the actual perpetrator of the crime, but someone else. It’s essential to keep in mind that sufficient and credible evidence is key to presenting a strong alibi defense.
When the circumstances that led you to commit a crime involved coercion and duress, you may be able to use that as a defense argument. This is usually a criminal defense that shows that you did not willingly commit the crime.
However, you must show that you acted out of fear or the threat of illegal force that was levelled against you or someone close to you. For coercion and duress to qualify as a defense argument, you must also show that your own actions did not lead you into the situation where duress and coercion occurred.
If you committed a criminal offense and did not have control over your actions, you may be able to use the insanity defense. This defense states that even though you committed the crime you are being accused of, you did not know that what you did was illegal. Therefore, you must support your argument by showing that you were sleepwalking, deluded, provoked, or seriously mentally disabled.
Other common types of defenses for criminal cases may include:
Regardless of your defense strategy, the burden of proof lies on you. That means you must convince the judge or jury that you are telling the absolute truth and support your arguments with all the evidence you can gather.
Doing this is not as easy as it sounds. You must have a criminal defense attorney on your corner. An experienced defense lawyer understands the risks associated with each type of defense and will help you devise a compelling defense strategy to challenge the prosecutor’s evidence.
Being arrested for or charged with a criminal offense is bad enough, but not knowing what to say or do is even worse. Your case becomes even more overwhelming when you do not understand the language used by law enforcement officers, prosecutors, or other professionals in the criminal justice system. But you don’t have to deal with the intimidation that comes with the legal jargon if you let the skilled Denver criminal defense attorney at the Law Offices of Steven J. Pisani, LLC take your case. Besides handling every aspect of your criminal case professionally, our lawyer will make sure you understand all legal terms relevant to your case, including:
A plaintiff is a person, organization, or group of people who initiate charges over another person or group of persons.
The defendant refers to the person or an entity to whom the plaintiff files a lawsuit. As a defendant in a lawsuit, you stand to lose the most in case of an unfavorable outcome, and it is always best to work with an experienced Denver criminal defense attorney.
Presumption of innocence is a principle in law that considers every person accused of any crime innocent until proven guilty. For a court to find a defendant guilty, the plaintiff or the prosecution must prove their guilt in court beyond a reasonable doubt.
Beyond a reasonable doubt is a legal term that describes the standard of proof required to warrant a conviction in a criminal case. Usually, this burden of proof lies with the prosecution, meaning it’s their responsibility to remove any reasonable doubt in the jury’s minds that the accused is guilty of the crimes they are charged with.
Felonies are crimes that are viewed as severe by society and often include burglary, kidnapping, arson, murder, and rape. Because a conviction for a felony may attract a penalty of at least one year in jail to death, it’s always advisable to have legal representation when facing felony charges.
A misdemeanor is a crime of lesser severity than a felony and often carries less severe punishment – usually less than a year. Misdemeanor offenses include shoplifting, disorderly conduct, trespassing, simple assault, and other low-level offenses.
For the police to arrest a person, conduct a search, or seize property perceived to be related to a crime, they must have probable cause. In simple terms, the accused must have acted in a way that warrants an arrest or search.
The fourth amendment is a right enshrined in the American constitution prohibiting unreasonable searches and seizures. It requires law enforcement officers to obtain a search warrant which must be justified by probable cause and supported by oath or affirmation.
A plea bargain is a deal struck between the prosecutor and the defendant. In a plea bargain, the defendant may agree to plead guilty or no contest and instead get reduced charges, a lesser sentence, or have some charges dropped.
Bail is the money paid by the defendant to secure their release from police custody until the set date of appearing in court. It serves as collateral to ensure the suspect honors their promise to appear in court.
Cross-examination is when the opposing side’s lawyer asks questions to the other side’s witnesses, mostly in a bid to discredit their testimony.
Due process refers to procedures that must be followed in a trial to ensure that all participants have their constitutional rights honored and protected. A skilled Denver criminal defense attorney can help you have your charges dropped if due process was not followed in the course of your trial.
An acquittal refers to a court ruling that declares the defendant is not guilty of the charges brought against them.
When a defendant is found guilty of a specific charge(s), the court proceeds to pass the befitting punishment referred to as sentencing in legal terms.
Legal representation means having a trained attorney representing you in court. Every defendant has a right to legal representation under the sixth amendment.
Any conversations with the police are admissible as evidence in court only if the police clearly state Miranda rights to the suspect before taking a statement. The rights include the right to remain silent, have a lawyer during interrogation, and the right to a public attorney if you can’t afford one.
Court procedures and criminal case legal terms can be intimidating, but you don’t have to worry about that if you trust Steven J. Pisani to take your case. He is an exceptional Denver criminal defense attorney with a thorough knowledge of Colorado criminal law.
Please contact us online or give us a call 303-635-6768 today to have the Law Offices of Steven J. Pisani, LLC look into your case and guide you through the legal terms relevant to your criminal charges.
It is estimated that approximately one in every three Americans has a criminal record. If you fall into this group, you may find it hard to get a job or a place to stay. The sad part is that even convictions for minor offenses may reflect on your criminal record. If you are facing criminal charges in Colorado, it would be best to have a skilled criminal defense lawyer in Denver working on your case to help you protect your future.
A background check can be defined as the process of verifying that a person is who they claim to be. A criminal background check usually goes beyond ascertaining a person’s identity to check their suitability for employment based on their criminal record.
Employers and volunteer organizations usually conduct criminal background checks on candidates to verify their criminal records and establish their suitability for employment. When performing background checks, employers or organizations can enlist third-party screening services or invest in software designed to conduct background checks. In most cases, employers and organizations opt for using background check companies to carry out background checks on potential candidates.
The amount of time required to complete a background check depends on several factors that include:
While some criminal background check results may be available in a few hours, for example, the national database search, it may take some days or longer to get results for other types of screenings.
In Colorado, there are five primary levels of background checks that employers could be interested in when doing a background check.
This type of check involves searching the digitized criminal records across all states. It reports infractions, pending criminal cases, misdemeanors, felonies, active warrants, and history of incarcerations across the U.S. It searches the digitized records only, thus faster but less comprehensive.
This type of criminal background check searches across all the federal and appellate court databases for convictions and pending federal crimes charges. Employers usually use this type of check to uncover incidents of fraud, identity theft, or embezzlement in potential hires.
This check reveals criminal charges and convictions on a state level, including law enforcement reports. It reports on felony, misdemeanor, and pending cases of an individual.
This combs the county courts for pending cases and prior convictions. It provides the most up-to-date and comprehensive information about an individual’s criminal record in their current county of residence.
Upon a conviction with a sex crime, offenders are required by law to register with the sex offender’s registry on a national and state level. The sex offender registry check checks across all states nationally to report if a candidate is a registered sex offender.
Colorado applies a seven-year rule in regards to background checks. This is in line with the Fair Credit Reporting Act, which states that background check reports cannot include arrests that are more than seven years old which did not result in a conviction. However, this rule has some exemptions, which include:
If you have a criminal record, you need to know that it’s possible to have your criminal record removed from public access. However, this can be a complicated process that calls for working with a skilled criminal defense lawyer in Denver to either:
The process of having your records sealed or expunged in Colorado is a long one and can take between three to six months to have the courts accept or reject your request.
If you’re struggling with finding employment or housing due to criminal background check results, reach out to the Law Offices of Steven J. Pisani, LLC. With over a decade of experience helping good people through tough times, our firm can help you manage your criminal records and move forward in your life. Give us a call at 303-635-6768 or contact us online to schedule a free consultation today.
The Miranda Rights come into play during the arrest process and can critically impact your criminal case depending on if the arresting officer applied them or not. Because the Miranda Rights apply to everyone, it’s critical to know exactly what they entail. As an overview of the Miranda Rights, also known as Miranda Warning, is offered by the Cornell Law School Legal Information Institute:
“ ‘Miranda warning’ refers to the constitutional requirement that once an individual is detained by the police, there are certain warnings a police officer is required to give to a detainee.”
Below, our experienced criminal defense attorney elaborates on the history and use of this constitutional right and how it impacts a Colorado criminal case.
Also shared by the same Cornell Law School source, here’s a breakdown of how the name came about:
“The requirement to give Miranda warnings came from the Supreme Court decision, Miranda v. Arizona, 384 US 436 (1966). In Miranda, the Court held that a defendant cannot be questioned by police in the context of a custodial interrogation until the defendant is made aware of the right to remain silent, the right to consult with an attorney and have the attorney present during questioning, and the right to have an attorney appointed if indigent.”
It’s critical to understand that you have legal rights if you’re put under arrest. This can go a long way in helping you avoid a mistake that could come back to harm you at a later date, such as if your case moves to the courtroom.
There are four important points that make up the Miranda Rights:
Read through those points again. Now, do you see why it’s so important to understand your Miranda Rights?
For example, the right to remain silent means you don’t have to answer any questions from the police. You can simply decline and there’s nothing they can do about it.
Just the same, you have the right to an attorney, which is something you should take full advantage of.
The short answer is yes. Juveniles, just the same as adults, are entitled to have their Miranda Rights read to them during an interrogation or if they’re held in police custody. Furthermore, officers are required to read the Miranda Warning in an age-appropriate manner.
It’s a common myth that Miranda Rights must be read any time a law enforcement official is discussing a crime or potential crime with a suspect.
Miranda Rights must only be given in the event that you are both in custody and subject to interrogation.
But remember this: custody doesn’t always mean that you’re at a police station or in a police car.
Should police neglect to advise you of your Miranda Rights, any statement or confession you make is presumed to be involuntary. As a result, it can’t be used against you in a criminal case.
Also, any evidence related to that statement or confession is likely to be thrown out.
If the police failed to advise you of your Miranda Rights, share this fact with your legal team. There’s a good chance it’ll work in your favor as your case heads to court.
With so much gray area and a variety of questions associated with the Miranda Warning, it’s best that you consult with an experienced criminal defense lawyer. They can provide you with the guidance you need during this difficult time of your life. When you turn to the Law Offices of Steven J. Pisani, LLC you never have to worry about the “other side” taking advantage of you, such as by violating your legal rights. From a plea bargain to defending you in court, we’re there every step of the way. If you require legal representation, contact us online or give us a call today to set up a free consultation.
There are no two ways about it: assault charges have the potential to turn your life upside down. As serious as the situation you’re facing may be, it’s good to know that charges don’t always result in a conviction. There are many assault defense strategies that an experienced Denver criminal defense attorney can employ on your behalf to prevent a conviction and the consequences associated with it.
The definition of assault varies from one state to the next, but it’s generally defined as intentionally putting another individual “in reasonable apprehension of an imminent harmful or offensive contact.” It’s important to note that physical injury is not required to be charged with assault.
In Colorado, there are three degrees of assault:
The penalties for assault range in severity, with the potential to include: jail time, community service, and fines. Here’s a breakdown of penalties associated with each degree of assault:
Assault and battery is generally more serious than assault only. Above, we talked about the three degrees of assault. Now, let’s look at some common examples of battery:
In many cases, if you’re charged with assault you’ll also be charged with battery. This can lead to a more serious punishment if convicted.
Depending on the circumstances and evidence of the case, a simple assault charge can be elevated to a more serious aggravated assault. Aggravated assault is typically charged as first or second-degree assault, which are both felonies with the potential for a long prison sentence.
You can be charged with and found guilty of assault even if you don’t strike another person. The only thing that is necessary is a reasonable belief that harmful contact will be inflicted on the victim.
Furthermore, striking someone isn’t the only form of assault. It can also entail things such as coughing or spitting if done in a purposeful manner.
Assault charges don’t always result in a conviction. You have the legal right to defend yourself against the charges, using strategies devised by an experienced Denver criminal defense lawyer:
If you find yourself faced with any type of assault charge, consult with an experienced Denver criminal defense lawyer. At the Law Offices of Steven J. Pisani, LLC we have over a decade of experience helping good people through tough times across Colorado. We have successfully defended many people charged with assault, battery, and related crimes. Contact us online or give us a call today to schedule a free consultation.