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Criminal Defense Articles

Defenses and the Subjectivity of Disorderly Conduct Charges

By Colorado Attorney-at-law on December 20, 2023

Disorderly conduct charges are often subjective in nature, relying heavily on the interpretation of both law enforcement officers and witnesses. This subjectivity can provide a valuable opportunity for the defense to capitalize on key aspects of the case, which can increase the chances of a successful outcome for the accused.

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Elderly Victims and Domestic Violence: Know Your Rights

By Colorado Attorney-at-law on September 15, 2023

Domestic violence against older adults is a deeply concerning issue that often remains hidden from public view. The significance and prevalence of this problem cannot be overstated, as statistics reveal a stark reality. In the United States, approximately 1 in 10 elderly individuals experience some form of abuse, and these numbers might be even higher due to underreporting.

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Colorado Theft Crimes: Legal Defenses and Case Preparation

By Colorado Attorney-at-law on July 30, 2023

In Colorado, theft crimes are prevalent and carry serious legal consequences. Understanding the complex legal framework surrounding these offenses is crucial, especially for those facing charges. These crimes can range from petty theft to more severe offenses, each carrying its own set of penalties under Colorado law.

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Resisting Arrest and Similar Charges: All You Need to Know

By Colorado Attorney-at-law on July 15, 2023

Resisting arrest is a serious charge that can have far-reaching consequences. This charge can be applied in a variety of situations, from passive resistance to active physical confrontation with law enforcement. At Whitaker & Penix, LLC, we understand the complexities of these charges and the importance of providing a strong defense for our clients

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How Do Prosecutors Decide Whether Something Is a “Deadly Weapon”?

By Colorado Attorney-at-law on June 30, 2023

In Colorado, a deadly weapon is defined as a knife, gun, or any object that could result in death or serious bodily injury to a person. That means it is possible for everyday objects, such as a brick or a pipe, to be considered a deadly weapon in a criminal case. It is important to keep this in mind since many crimes could carry more severe penalties if conducted with the use of a deadly weapon.

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Posted in: Criminal Defense

Understanding How the Classes of Felony Theft Crimes Work

By Colorado Attorney-at-law on June 15, 2023

In Colorado, felony theft, also known as grand larceny, occurs when someone intentionally steals property valued at $2,000 or more. These crimes involve harsh penalties and steep fines of up to $1,000,000 if convicted. If you are facing felony theft charges, it is essential to obtain the assistance of an experienced criminal defense attorney to protect yourself against these allegations.

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What Actually Is Trespassing in Colorado?

By Colorado Attorney-at-law on May 15, 2023

While trespassing is a serious offense, many people have misconceptions about what this crime actually entails and what the potential consequences are. The word “trespassing” is typically used as a blanket term to cover a wide range of actions, from hunting or fishing on someone else’s land to breaking and entering for the purpose of committing a crime. In Colorado, criminal trespass is charged in three different degrees, each with different consequences.

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Posted in: Criminal Defense

What If My Case Goes to Trial?

By Colorado Attorney-at-law on April 15, 2023

If you have been charged with a crime, chances are your case will go to trial. Unless your Breckenridge criminal defense attorney is able to get your charges dismissed, or you accept a plea bargain, you will have your day in court and an opportunity to present a defense against the charges. It is important to understand how the process works so you know what to expect before your case goes to trial.

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Understanding Motive During Criminal Proceedings

By Colorado Attorney-at-law on March 10, 2023

Motive is the reason a person decides to commit a crime. Individuals may engage in criminal conduct out of jealousy, revenge, or greed, or for other reasons. Although evidence of motive may be admissible at trial, it is not necessary to prove that a crime was committed. Nevertheless, motive is often considered important in criminal trials because it helps the prosecution prove its case.

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Effective Legal Defenses for Domestic Abuse

By Colorado Attorney-at-law on February 20, 2023

Charges of domestic violence can have a devastating impact on your life. Even if the police have serious doubts about the accuser’s story, they will almost always arrest a person who has been accused of domestic violence. After the arrest, you will be subjected to a protection order that may prevent you from returning to your home.

Police and prosecutors aggressively pursue cases of domestic violence. But these charges are often illegitimate. Sometimes people misuse the legal system because they want to get revenge against a former spouse or partner.

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Posted in: Criminal Defense