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Denver First-Degree Assault Attorneys
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Collin McCallin performed EXCELLENTLY with my case. He kept in consistent contact with me throughout and showed diligence and extreme care for what I was dealing with.
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Working with Russell lifted a huge weight off of our shoulders and allowed my husband and me to get back to living our lives knowing we were in good hands. Russell is truly a genuine and caring person and my husband and I will forever be grateful for the hard work, empathy, and support Russell gave us with my case. His persistence and determination resulted in a full dismissal of all of the charges!"- Anonymous
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Denver Assault in The First-Degree Attorneys
If you’re reading this, you’ve likely been charged with assault in the first degree in Denver, CO, or are concerned about someone who is. We understand how overwhelming this situation can be. The weight of facing serious criminal charges is not something anyone expects to encounter, and the potential consequences of a conviction can feel daunting. At Hebets & McCallin, P.C., we offer a compassionate and professional approach to criminal defense, and we are here to help you navigate these difficult circumstances. Our team of Denver assault in the first-degree attorneys will work tirelessly to help you pursue the best possible outcome for your case.
What is Assault in The First Degree Under Colorado Law?
Assault in the first degree is one of the most serious assault charges in Colorado. This charge is defined under Colorado law as intentionally causing serious bodily injury to another person, or using a weapon to cause bodily injury or threaten someone with harm. The law also includes causing injury during the commission of a violent crime, such as robbery, or using a deadly weapon to intimidate another individual. First-degree assault can result in severe consequences, both legally and personally, especially when the injury inflicted is considered serious. It’s important to note that assault in the first degree is classified as a Class 3 felony, which carries a long list of potential legal penalties.
Penalties For Assault in The First Degree in Denver
Assault in the First Degree is a “crime of violence” in Colorado. This classification means that, upon a conviction for the charge, there will be a term of mandatory imprisonment. For this specific charge, the mandatory sentence will range from 10-32 years in prison. It is a class 3 felony.
This charge is a specific intent charge. This means that the prosecution must prove beyond a reasonable doubt that the offender had the specific intent to cause serious bodily injury to another person, and failure to do so would result in acquittal of that charge.
Assault in the first degree can also be charged if a person threatens a police officer, firefighter, EMT, or judge with a deadly weapon. Intent to cause serious bodily injury on the part of the offender must also be proven by the prosecution.
Below is the statutory language for Assault in the First Degree.
Assault in the First Degree, Colorado Revised Statutes (18-3-202)
(1) A person commits the crime of assault in the first degree if:
(a) With intent to cause serious bodily injury to another person, he causes serious bodily injury to any person by means of a deadly weapon; or
(b) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such an injury to any person; or
(c) Under circumstances manifesting extreme indifference to the value of human life, he knowingly engages in conduct which creates a grave risk of death to another person, and thereby causes serious bodily injury to any person; or
(d) Repealed.
(e) With intent to cause serious bodily injury upon the person of a peace officer or firefighter, he or she threatens with a deadly weapon a peace officer or firefighter engaged in the performance of his or her duties, and the offender knows or reasonably should know that the victim is a peace officer or firefighter acting in the performance of his or her duties; or
(e.5) With intent to cause serious bodily injury upon the person of a judge of a court of competent jurisdiction or an officer of said court, he threatens with a deadly weapon a judge of a court of competent jurisdiction or an officer of said court, and the offender knows or reasonably should know that the victim is a judge of a court of competent jurisdiction or an officer of said court; or
(f) While lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child and with intent to cause serious bodily injury to a person employed by or under contract with a detention facility, as defined in section 18-8-203 (3), or to a person employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, he or she threatens with a deadly weapon such a person engaged in the performance of his or her duties and the offender knows or reasonably should know that the victim is such a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services.
A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203 (3), and who is required to report back to the detention facility at a specified time shall be deemed to be in custody.
(2) (a) If assault in the first degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 5 felony.
(b) If assault in the first degree is committed without the circumstances provided in paragraph (a) of this subsection
(2), it is a class 3 felony.
(c) If a defendant is convicted of assault in the first degree pursuant to subsection (1) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.
Defenses to Assault in The First Degree
There are a number of potential defenses that may be available to someone facing assault in the first-degree charges. It’s important to remember that a charge does not automatically mean a conviction. One of the most common defenses in assault cases is the claim of self-defense. If you were defending yourself or someone else from harm, this could serve as a valid legal defense. For instance, if you were in imminent danger of being attacked and used force to prevent harm, the law may allow for this type of defensive action.
In some cases, the prosecution may struggle to prove beyond a reasonable doubt that you intended to cause serious bodily harm. If the intent behind the actions in question is unclear, or if there is insufficient evidence to demonstrate the severity of the harm caused, this could be a factor that works in your favor. Additionally, the details surrounding the use of a weapon may come into question, as certain situations may not justify the level of force used in the situation.
At Hebets & McCallin, P.C., we’ll carefully examine the facts of your case and explore every possible avenue for building a strong defense. We know that each case is unique, and we’ll fight for your rights, ensuring that no stone is left unturned.
Hebets & McCallin P.C. serving in the following counties: Adams County, Arapahoe County, Boulder County, Clear Creek County, Denver County, Douglas County, Gilpin County, Jefferson County, Larimer County, and Weld County.
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Understanding Assault in The First Degree in Colorado
Assault in the first degree is one of the most serious violent crimes under Colorado law. It involves intentionally causing serious injury or attempting to cause serious harm to another person. Under Colorado law, a person can be charged with first-degree assault if they intentionally or recklessly cause serious bodily injury using a weapon or by engaging in conduct that creates a substantial risk of death or injury. This offense is considered a Class 3 felony and carries significant penalties if convicted.
An example of first-degree assault could involve someone using a weapon, such as a firearm, knife, or blunt object, to attack another person. It may also apply if someone intentionally causes severe injuries, like broken bones or head trauma, during a fight. Even if the person did not mean to cause serious harm, actions like aiming a weapon at someone or throwing an object in a dangerous manner could still lead to a first-degree assault charge if it results in serious injury.
The Severe Penalties of First-Degree Assault
The penalties for a first-degree assault conviction are severe. A conviction could lead to long-term imprisonment, potentially 10 to 32 years, depending on the circumstances and whether there are any prior convictions. In addition to lengthy prison sentences, a person convicted of first-degree assault may also face large fines and a permanent criminal record. This criminal record can significantly impact a person’s future, making it harder to find employment, secure housing, or access education. The stakes are incredibly high, which is why having a skilled and experienced legal team by your side is critical in these cases.
Why You Need The Right Legal Representation
Facing a first-degree assault charge in Denver is overwhelming, but securing representation from the right attorneys can make a big difference. At Hebets & McCallin, P.C., we understand the gravity of these charges and the life-altering consequences they carry. Our experienced team is committed to providing clear guidance, strong advocacy, and a defense strategy tailored to your unique situation. With a focus on helping our clients navigate this challenging time, we offer free consultations to discuss your case and begin building a defense that works in your favor.
Possible Defenses For First-Degree Assault
There are several defenses that may be available in a first-degree assault case, and understanding these defenses is essential to mounting an effective defense. Two common defenses in assault cases are self-defense and lack of intent.
Self-Defense
Self-defense is one of the most important defenses in an assault case. Under Colorado law, a person is allowed to use force to protect themselves if they are facing an immediate threat of harm. However, this defense must be used appropriately. If someone was acting out of fear for their safety and used reasonable force to defend themselves, they may be able to argue that their actions were justified. At Hebets & McCallin, P.C., we work tirelessly to gather the evidence needed to prove that our client was acting in self-defense and was not the aggressor in the situation.
Lack of Intent
Another possible defense is a lack of intent. First-degree assault requires that the defendant acted with intent to cause harm or recklessly engaged in conduct that resulted in serious injury. If we can show that the defendant did not have the intention to harm anyone or that the injury was accidental, this defense could be critical in reducing the charge or securing a more favorable outcome. Our attorneys carefully examine every detail of the case, including any evidence that may show the injury was unintentional, to protect our client’s rights and fight for the best result.
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Mistakes to Avoid After an Arrest For Assault in The First Degree in Denver
If you or someone you know has been arrested for Assault in the First Degree in Denver, it can feel overwhelming and confusing. The decisions you make in the days and weeks following an arrest can have a significant impact on the outcome of your case. There are several common mistakes that individuals often make after such an arrest that can harm their defense. Understanding what these mistakes are and avoiding them can help protect your rights and improve your chances of a favorable outcome. At Hebets & McCallin, P.C., we are here to guide you through this difficult time and ensure that you take the right steps to secure your future.
Speaking to Law Enforcement Without Legal Representation
One of the biggest mistakes people make after an arrest is speaking to law enforcement without first consulting with an attorney. While it is natural to want to explain yourself or clarify the situation, anything you say can be used against you in court. Police officers are trained to ask questions that may lead you to make incriminating statements, even unintentionally. It is important to remember that you have the right to remain silent, and it is in your best interest to exercise this right until you have legal counsel present. An attorney can help you understand what to say and when to say it to avoid self-incrimination.
Failing to Hire a Skilled Defense Attorney Early On
Another mistake that can negatively affect your case is waiting too long to hire a defense attorney. The sooner you hire an attorney to represent you, the better. A skilled Denver Assault in the First-Degree attorney can immediately begin investigating the facts of your case, gathering evidence, and formulating a defense strategy. Waiting too long to hire a attorney can give the prosecution an advantage, as they may begin building their case before you have the opportunity to defend yourself. At Hebets & McCallin, P.C., we understand how critical it is to act quickly and begin protecting your rights as soon as possible.
Talking to Others About The Case
After an arrest for Assault in the First Degree, it is important to be cautious about who you speak to regarding your case. Friends, family, or even people you trust may unintentionally pass on information to others or, worse, to the authorities. This could damage your defense or provide the prosecution with details that they can use against you. To avoid this, it is best to refrain from discussing the case with anyone other than your attorney. Everything you say can be important in shaping your defense, and talking to others could jeopardize the outcome of your case.
Not Understanding The Severity of The Charge
Assault in the First Degree is a serious charge that carries severe penalties if convicted. Many individuals underestimate the potential consequences and may not fully grasp the gravity of the situation. This lack of understanding can lead to mistakes such as not being proactive enough in preparing a defense or failing to consider all possible legal options. It is essential to take the charge seriously and work with an attorney who understands how to navigate these types of cases. At Hebets & McCallin, P.C., we are committed to helping you understand every aspect of your case and ensuring that you are making informed decisions throughout the legal process.
Ignoring The Importance of Evidence
Building a strong defense requires gathering and preserving evidence that may prove your innocence or weaken the prosecution’s case. Failing to preserve key evidence or dismissing its importance can hurt your defense. This can include physical evidence, such as video footage, medical records, or witness testimony. An attorney experienced in handling violent crime cases will know how to collect, preserve, and present this evidence in a way that maximizes your chances of success. If you have been arrested for Assault in the First Degree, it is crucial to work with an attorney who can identify and secure the evidence that may support your case.
Frequently Asked Questions (FAQs) About Assault in The First Degree in Denver, CO
If you have been arrested for Assault in the First Degree in Denver, it is normal to have many questions about your case and the legal process ahead. Below are some common concerns and compassionate answers that can help guide you during this difficult time. It is crucial to consult with a qualified Denver Assault in the First-Degree Attorney to understand your rights and explore your options.
Assault in the First Degree is a serious criminal charge in Colorado. It involves intentionally causing serious bodily injury to another person or using a deadly weapon during the commission of the assault. This charge is classified as a Class 3 felony and can lead to severe penalties, including significant prison time. If you are facing this charge, it’s vital to speak with an attorney who can help you navigate the complexities of your case.
Being arrested for a crime as serious as Assault in the First Degree can be overwhelming, but the first thing you should do is remain calm and contact a skilled attorney. It’s important not to speak about the incident to anyone other than your attorney, as anything you say can be used against you. Your attorney will help you understand the charges, protect your rights, and create a defense strategy to fight for the best possible outcome.
If convicted of Assault in the First Degree in Colorado, you could face severe consequences, including a lengthy prison sentence, large fines, and a permanent criminal record. The penalties vary depending on the specific circumstances of the case, such as whether a deadly weapon was involved or if there were any aggravating factors. An experienced attorney will review the details of your case to assess your potential risks and explore all options to minimize the impact.
In some cases, charges related to Assault in the First Degree may be reduced or dropped, depending on the evidence and circumstances. An attorney can investigate the facts of the case, identify weaknesses in the prosecution’s argument, and potentially negotiate a plea deal or even get the charges dismissed. However, each case is unique, so it’s important to consult with an attorney who can evaluate your specific situation and discuss potential defense strategies.
Accepting a plea deal is a serious decision and should never be done without legal advice. While a plea deal may offer reduced charges or a more lenient sentence, it is essential to carefully weigh the pros and cons before making a decision. A Denver Assault in the First-Degree Attorney can help you assess the plea deal offer, explore other legal options, and ensure you make an informed choice that is in your best interest.
The length of time it takes to resolve an Assault in the First Degree case varies. Some cases may be resolved quickly through a plea agreement, while others may go to trial, which could take months or even longer. Your attorney will work diligently to ensure your case moves forward as efficiently as possible, while also protecting your rights and interests throughout the process.
Yes, it is strongly recommended that you consult with a Denver Assault in the First-Degree Attorney if you have been arrested or charged with this offense. The legal system is complex, and the stakes are high when facing such serious charges. A skilled attorney can provide valuable guidance, advocate on your behalf, and work to minimize the impact of the charges on your life. Your attorney will be your strongest ally in seeking the best possible outcome for your case.
If you are innocent of the charges, it’s essential to have an experienced attorney by your side to help clear your name. Your attorney will investigate the evidence, interview witnesses, and work to build a strong defense. It’s important not to assume that the truth will automatically come to light; having legal representation is crucial to ensuring your rights are protected and that you have a fair chance in court.
At Hebets & McCallin, P.C., we understand how stressful and frightening facing a charge like Assault in the First Degree can be. Our dedicated team of attorneys are here to provide compassionate support and strategic legal counsel. We will listen to your side of the story, review all the evidence, and work tirelessly to protect your rights and pursue the best possible outcome for your case. We are committed to being your advocate every step of the way.
Denver Assault in The First-Degree Client Story
This client story is for educational purposes only.
Jason never imagined he’d be in this position. One moment, he was living his life in Denver, going about his day like anyone else. The next, he found himself arrested for Assault in the First Degree, a crime he never thought he’d be accused of. His world came crashing down, and he felt like he was drowning in fear and uncertainty.
Everything Jason knew about his life suddenly felt at risk. He was scared—scared of the consequences, scared of the legal process, and scared for his future. No matter where he turned, he couldn’t escape the looming question: How was he going to get out of this?
That’s when he reached out to Russell Hebets at Hebets & McCallin, P.C.
At first, Jason wasn’t sure what to expect. He had heard stories of people who struggled with their cases, and the idea of navigating the legal system on his own felt impossible. But when he met Russell, something changed. Russell didn’t just see a case; he saw Jason as a person—a person who deserved to be heard and understood.
From the first meeting, Russell listened. He listened to Jason’s side of the story, not just the facts, but the feelings behind them. He spoke to Jason in a way that made him feel respected and cared for. And most importantly, Russell gave Jason something he hadn’t had in days: hope.
“I felt like I had no chance,” Jason said. “But Russell made me believe that I could get through it. He explained everything in simple terms, so I wasn’t left guessing about what would happen next. I finally felt like I wasn’t alone.”
As Russell and his team worked tirelessly on Jason’s case, things began to change. They took the time to investigate every detail, to challenge every assumption, and to build a defense that showed the truth. Russell didn’t just rely on what was in front of him—he looked deeper, found the inconsistencies, and used his knowledge to fight for Jason’s innocence. He was more than just a attorney; he became Jason’s guide through the toughest time of his life.
For Jason, the fear of facing a trial and the consequences of a criminal conviction were overwhelming. But with Russell’s support, he started to feel confident again. Day by day, the weight on his shoulders became a little lighter. The more he saw Russell’s dedication, the more he realized that he had made the right choice.
When the trial finally came, Jason stood tall—no longer the scared man who had walked into Hebets & McCallin’s office months earlier. He trusted Russell, and that trust paid off. The jury listened to the evidence, and ultimately, Jason was found not guilty.
“I can’t even explain how much it means to me,” Jason said, his voice filled with emotion. “Russell didn’t just get me a ‘not guilty’ verdict. He gave me my life back. I’m free, and I’m not afraid anymore.”
Jason’s story is a powerful reminder that no one should have to face a criminal charge alone. If you’re feeling overwhelmed by the uncertainty of your situation, just like Jason did, remember that you don’t have to navigate it by yourself. Hebets & McCallin, P.C. is here to stand by your side, to give you clarity when everything feels unclear, and to fight for the justice you deserve.
Why You Should Contact Hebets & McCallin, P.C. Today
Being arrested for Assault in the First Degree in Denver can be an overwhelming and stressful experience. You may feel uncertain about what comes next, especially with the serious legal consequences you are facing. At Hebets & McCallin, P.C., we understand the weight of these charges, and we are here to offer guidance, support, and a strong defense for your case. We are committed to standing by your side throughout the entire legal process, ensuring that your rights are protected and that you have the best chance for a favorable outcome.
Our team of Denver Assault in the First-Degree Attorneys is dedicated to providing you with the personalized attention and diligent representation you deserve. We take the time to listen to your side of the story and carefully review all the details of your case. We know how crucial it is to build a solid defense strategy that can help reduce charges, negotiate for a lesser sentence, or even get the case dismissed if possible. Every case is unique, and we take pride in tailoring our approach to fit your specific situation.
At Hebets & McCallin, P.C., we offer free consultations because we believe that you should have access to experienced legal counsel without any financial stress during this difficult time. Our commitment is to help you understand the legal process, your options, and what you can expect every step of the way. We will work tirelessly on your behalf, bringing the full force of our experience and resources to bear on your case.
If you or a loved one has been arrested for Assault in the First Degree in Denver, don’t wait to reach out. Contact us today for your free consultation and take the first step toward protecting your future. Let us handle the legal complexities while you focus on moving forward.
Client Reviews
Professional, Understanding, friendly, Communicative and Knowledgeable are a few words that i can accurately describe the team over here. I am very satisfied with the service given by Mr. Hebets. He went above and beyond and helped put my worries at ease with my DUI case. He guided me with what to do and help me get on the right track for getting a restricted license and what I needed to do for my case. My family is very pleased with the work he did and I highly recommend coming here.