Have you been arrest for or charged with assault
At the Law Offices of Steven J. Pisani, LLC, Denver assault attorney immediately embark on your case and identify the most effective approach to defend you. We know there shouldn’t be any time to waste and that the most critical opportunity for defense work should be the first few days after your arrest.
We begin gathering the relevant evidence and witnesses right off the bat to get a head start toward defeating the assault charges.
Assault is an attempt or threat that makes another person fear bodily harm. An example is if a person attempts to wrestle another person to the ground, but does not proceed to wrestle him.
There is a tendency to confuse assault with battery. This confusion leads to the two getting charged together. But the reality is that assault should be charged separately from a battery.
While assault is the fear of getting harmed, battery means the actual act of touching or striking another person, which may end up causing injury.
When a court attempts to prove an assault, the prosecution needs some aspects of proof to fulfill to establish that the assault occurred. They must be proven beyond a reasonable doubt.
These elements of proof include:
For an assault to be proven, the defendant must have supposed for their acts or behavior to create a fear of worry or harm in the victim. As such, accidental or accidental acts may not be considered an assault.
The victim should have been reasonably fearful of being harmed by the defendant. Alternatively, the victim should have seen harm coming his way.
If the victim was not aware of the assault, it could not be enough to show an assault efficiently. An instance of this would be when a person points a weapon at another person, behind that individual’s back, without that person being privy to what’s taking place behind him.
This is where the victim’s injury is an instant response to a threat or an impending risk of harm. The damage can both be physical, such as a kick or a punch, or a chance of undesirable and offensive contact, which include a sexually suggestive contact or embrace.
The defendant’s behavior or conduct ought to have offered a real threat, or his behavior should have been offensive to the victim. An example of this will be pretending to kick or punch the victim or spit on them.
When proving an assault, the concept of reasonableness is regularly brought up. An example of reasonableness would be if someone had been ten meters away and threatens to throw a rock he’s holding at any other person.
In Colorado, the law defines assault as unlawfully causing harm to someone else. Here are some examples:
If the injuries result in the victim’s death, then homicide charges would be leveled against the defendant.
An assault should be distinguished from menacing. Menacing is merely intimidating someone in fear of bodily harm.
In Colorado, the degree of assault is determined by four factors:
However, serious bodily injury can be:
The fourth factor is if the victim was an on-duty official. Official meaning:
Assault First Degree
Assault first degree is defined as follows:
1. Using a deadly weapon to cause serious injury to another person
2. Using a weapon to disfigure another person permanently
Example: Jimmy has bought a new gun and eager to show it off to one of his friends, Josh. He rolls it with his finger, and the gun goes off accidentally. The bullet enters Josh’s stomach. Jimmy had no intention to hurt his friend. But this dangerous behavior amounts to the first-degree assault.
Second-degree assault is defined as follows:
Causing bodily injury to another person without a deadly weapon
Intentionally causing bodily harm or intentionally administering drugs to another person without his consent.
Third-degree assault occurs if either:
If you have been arrested and questioned in an assault case contact our Denver criminal defense attorneys for a FREE consultation. We have the experience to fight for your rights, call us today.