Violent-Crime Charges in Colorado
Colorado treats violent-crime accusations as "crimes of violence" whenever a deadly weapon, serious bodily injury, or enumerated victim category is involved. Under C.R.S. § 18-1.3-406, a crime of violence conviction triggers a mandatory prison sentence in the aggravated range — the middle of the presumptive range to twice the top — along with mandatory parole.
Charges Defended
- Third-degree assault — class 1 misdemeanor (C.R.S. § 18-3-204)
- Second-degree assault — class 4 felony crime of violence
- First-degree assault — class 3 crime of violence
- Menacing — misdemeanor or class 5 felony with deadly weapon
- Harassment (C.R.S. § 18-9-111)
- Stalking — class 5 felony; class 4 when a protection order exists
- Robbery / aggravated robbery
- Manslaughter & criminally negligent homicide
- Second-degree murder — class 2 felony
- First-degree murder — class 1 felony, life without parole
Defense Strategy
- Self-defense, defense of others, defense of property — complete affirmative defenses under Colorado law.
- Identification challenges — eyewitness misidentification remains the leading cause of wrongful conviction.
- Mental-state defenses — heat of passion, lack of intent, intoxication (for specific-intent crimes).
- Physical evidence — forensic pathology, blood spatter, ballistics, and surveillance recovery.
- Suppression of statements — Miranda, custody, and involuntary-statement challenges.
Representative Result
- Adams County, February 2024 — All charges including child abuse dismissed during jury trial.
Frequently Asked Questions
Is third-degree assault a felony?
No — it is a class 1 extraordinary-risk misdemeanor punishable by up to 364 days in county jail. However, when coupled with a DV enhancer or prior history, the collateral consequences can be significant.
What is a "crime of violence" enhancement?
Under C.R.S. § 18-1.3-406, certain felonies committed with a deadly weapon or resulting in serious bodily injury trigger mandatory aggravated-range prison plus mandatory parole. Avoiding that designation — by reduction or factual challenge — is often the core of the defense.
Can I claim self-defense if I used a weapon?
Yes. Colorado allows use of deadly force when a person reasonably believes a lesser degree of force is inadequate and has reasonable ground to believe he or another is in imminent danger of being killed or of receiving great bodily injury. The details matter — every case is fact-specific.