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It is easy to get heated and emotional in a physical confrontation. While you may not intend to assault someone, you may move past the point of defending yourself and assault another individual.
It is essential to realize that even a third-degree misdemeanor assault can result in jail time. Because of this, if you have been charged with assault, you should contact our experienced criminal defense attorneys at the Law Offices of Steven J. Pisani.
We can review the facts of your case and help you understand your legal options.
Assault is a crime where you put a victim in a reasonable offensive apprehension or harmful contact. It includes threatening to cause them physical harm, too, even if you do not hit or harm them.
There are three levels of assault in Colorado. These include:
Self-defense is a legal doctrine that allows individuals to protect themselves from harm when faced with an imminent threat. The principle behind self-defense is that you have the right to use reasonable force to defend yourself or others from an immediate danger of physical harm.
However, the key to successfully claiming self-defense is demonstrating that your actions were necessary and proportionate to the threat.
To claim self-defense effectively, you must establish certain key elements:
Now, let’s apply these elements to assault charges. In cases where you are accused of assault, claiming self-defense can be a viable defense strategy if the following conditions are met:
Imagine walking alone late at night in a dimly lit area of Denver, and an unknown individual approaches you threateningly. If you feel that your safety is at risk in the heat of the moment, you may use force to protect yourself, which could be considered self-defense.
However, it’s crucial to emphasize that each case is unique, and the circumstances surrounding the alleged assault will heavily influence whether a self-defense claim is viable.
Consulting with a criminal defense attorney in Denver can help you assess the strength of your self-defense argument and navigate the legal process.
If your self-defense claim is successful, you may avoid or reduce criminal charges associated with assault. However, if your claim is not upheld, you could still face penalties for your actions, depending on the severity of the assault and other factors.
It’s important to remember that the burden of proof typically falls on the prosecution to disprove self-defense beyond a reasonable doubt. A skilled criminal defense attorney can help build a strong case in your favor, ensuring your rights are protected throughout the legal proceedings.
Understanding self-defense and its applicability in assault cases is crucial for individuals facing assault charges. While you have the right to defend yourself when in immediate danger, successfully claiming self-defense relies on meeting specific legal criteria.
If you are in such a situation, consult a knowledgeable Denver assault attorney to assess your case’s unique circumstances and develop a robust defense strategy.