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Assault and Battery Defense Attorneys in Breckenridge

Lawyers Defend Against Breckenridge Assault and Battery Charges

If you have been charged with assault and battery in Breckenridge, you need a top-rated attorney by your side. Kylie Whitaker and Ehren Penix, the criminal defense lawyers at Whitaker & Penix, LLC, have consistently been rated as some of the best legal minds in Colorado. Whitaker and Penix, LLC, has an A+ rating from the Colorado Better Business Bureau, and Kylie Whitaker was selected as a Colorado Rising Star by Super Lawyers.

We have close ties to the local court system in Breckenridge, and we have secured not-guilty verdicts for various charges. Our firm can use our years of experience and skill to develop a robust defense strategy for your unique case.

Schedule a free consultation today by calling (970) 368-0602.

Degrees of Assault in Breckenridge and Throughout Colorado

Colorado defines assault as "causing bodily injury to another person," while battery is "the unlawful act of intimidating or scaring another person with the threat of violence." The law classifies assault based on the severity of the offense and the circumstances surrounding it.

The use of deadly weapons in an assault or battery charge significantly escalates the severity of the offense in Colorado. When a deadly weapon is involved, the charge can be elevated to aggravated assault or battery, which may trigger sentencing enhancements such as longer incarceration periods and stricter parole conditions. Deadly weapons can include firearms, knives, or any object capable of causing serious bodily injury or death. The use of a deadly weapon.

First-degree assault is the most serious and involves intentionally causing serious bodily injury, often with a deadly weapon. This degree can result in lengthy prison sentences and substantial fines. Second-degree assault includes causing bodily injury with a deadly weapon or inflicting injury on a protected individual (such as a police officer). It also carries significant penalties. Third-degree assault is considered less severe and involves knowingly or recklessly causing bodily injury without the aggravating factors that are present in higher degrees.

Penalties in Breckenridge for Assault and Battery Crimes

After the court has categorized the assault, it is time to assign punishment to the crime. Here are a few examples of some punishments that can be applied to these crimes:

First-Degree Assault: A first-degree Class 3 felony is the most serious type of felony offense in Colorado. If convicted of a first-degree Class 3 felony, a person faces a possible sentence of up to 10-32 years in prison. Some of the most serious felonies that can be classified as first-degree Class 3 felonies include murder, manslaughter, and sexual assault. Fines may be charged from $3,000-$750,000.
Second-Degree Assault: This crime can hold up to 5-16 years in prison and a fine of $2,000-$5,000. The specific punishment will depend on the facts and circumstances of the case and the criminal history of the offender.
Third-Degree Assault: The punishment for a Class 1 misdemeanor in Colorado is up to 6 months in jail and a fine of up to $1,000.

Legal Defenses Against Assault and Battery Charges in Summit County

Self-defense and the defense of others are among the most commonly invoked legal defenses in Colorado assault and battery cases. To successfully claim self-defense, the defendant must demonstrate that they reasonably believed they were in imminent danger of harm and that the use of force was necessary to prevent that harm. The force used must be proportional to the threat faced. The defense of others applies if the defendant believed that another person was in imminent danger and their actions were necessary and reasonable to protect that individual.

Intent is a fundamental element that the prosecution must establish to secure a conviction. Proving the absence of intent can be an effective defense strategy. This can be achieved through evidence that shows that the actions were accidental or the defendant was acting under a mistaken belief. For example, if the defendant can prove they did not intend to strike the victim or that the contact was incidental, it can undermine the prosecution's case. Eyewitness testimonies, video footage, and expert analyses can be instrumental in establishing the absence of intent.

Mistaken identity can occur due to poor lighting, stress, or biased eyewitnesses, leading to wrongful charges. The defense may present alibi evidence, such as witness testimonies or surveillance footage, to establish that the defendant was not present at the scene. In cases of wrongful accusation, the defense might uncover motives for the alleged victim to falsely accuse the defendant, such as personal vendettas or misunderstandings. Cross-examination of witnesses and forensic evidence can also reveal inconsistencies in the prosecution's case.

Link Between Domestic Violence and Assault/Battery Charges

In Colorado, domestic violence is defined as an act or threatened act of violence upon a person with whom the perpetrator has an intimate relationship. This includes spouses, ex-spouses, partners, and any individuals who share a child.

The legal impact of a domestic violence designation on assault and battery charges is profound. When an offense is categorized as involving domestic violence, it triggers enhanced penalties and additional legal consequences. These can include mandatory arrest policies, special conditions of bail, and compulsory domestic violence treatment programs.

Enhanced penalties often include longer jail sentences and higher fines compared to non-domestic violence cases. Additionally, defendants may be required to undergo mandatory domestic violence treatment programs and may face stricter probation conditions.

Beyond legal penalties, there are also substantial personal and social repercussions. A domestic violence conviction may result in the loss of firearm rights. The conviction also becomes a part of public criminal records, which can hinder employment opportunities, housing options, and social relationships.

Legal Process After Being Charged With Assault and Battery

Immediately after the arrest, the defendant will be taken into custody and booked. This involves recording personal information and the charges. The next step is the arraignment, where the defendant will appear before a judge to hear the charges formally and enter a plea of guilty, not guilty, or no contest. During this time, the judge will also determine bail and any conditions for release. It is essential for the defendant to consult with an experienced attorney as soon as possible to discuss the case and potential defense strategies.

Pre-trial motions are legal requests made to the court before the trial begins. These motions can include requests to suppress evidence, dismiss the case, or compel the prosecution to provide specific information. Plea bargains are negotiations between the defense and the prosecution where the defendant may agree to plead guilty to a lesser charge in exchange for a reduced sentence. This can speed up the legal process and result in more favorable outcomes for the defendant.

During trial, a Summit County defense attorney will present evidence, question witnesses, call upon expert witnesses, and build a strong case to defend their client. Then, the court will render a decision that will either end the legal process or impose a sentence.

Call Our Breckenridge Violent Crime Lawyers if You've Been Accused

After being accused of assault and battery in Summit County, the first thing you should do is seek legal counsel. An experienced Breckenridge violent crime defense lawyer can help you understand the charges against you and craft a defense. If you are innocent, an attorney can also help clear your name; if you are guilty, an attorney can help you negotiate a plea deal or otherwise minimize the consequences. In either case, it is critical that you have a skilled attorney by your side to protect your rights and interests.

Contact Whitaker & Penix, LLC, today at (970) 368-0602 for a free consultation.