The basics of an aggravated assault charge in Colorado

Aggravated assault is defined in many ways and varies from state to state. In Colorado, assault is broken down into three degrees, and each carries different penalties if convicted. First and second-degree assaults are felonies and are considered aggravated assault while third-degree assault is only considered a misdemeanor. Both first and second-degree assault take place if a person has the intent to cause a serious bodily injury on another person, or they actually cause a serious injury by use of a deadly weapon. Both also have special designations for an individual who assaults a peace officer or a firefighter, which, by doing so keeps them from performing their lawful duty. Serious bodily injury is defined as possessing a substantial risk of death or permanent disfigurement, or the loss of a function of any part of the body or an organ of the body. Serious bodily injury can include broken bones, second and third-degree burns and other related life-threatening injuries. Depending on the evidence that is available, an aggravated assault defense attorney may seek a plea bargain in the hopes of pleading down to a lesser charge and lesser penalties, which can be substantial if convicted. In cases that go to trial, self-defense is the most often used defense strategy especially in cases where it can be proven that the victim is the one who initiated the violent confrontation. At other times, it may be possible to claim that there was no criminal intent and that the assault was accidental in... Read More

How to erase the evidence of an arrest in Colorado

If you’ve had a brush with the law in Colorado, there’s going to be a record of it that could follow you around for years, whether you’re guilty or not. Merely having an arrest record can make it tougher for you to land a job, get an apartment or even be approved for a credit card. With the use of technology to do background checks like never before, your past can affect your present with unprecedented frequency. However, there is a way to combat this problem through a process called expungement. Expungement involves destroying records related to your legal issues, giving you the legal right to truthfully state that your arrest or a conviction never happened. In some cases, expungement will not be possible, but in Colorado, a person can also have their records sealed, which is slightly different but still accomplishes much of the same things as expungement. Sealing records prevents access to those records in most cases, but they do physically still exist. Generally, access is restricted to only law enforcement and criminal justice agencies which must have a legitimate reason for wanting them unsealed. In Colorado, only juvenile records are eligible to be expunged. A lawyer specializing in expungement can assist you with the process, which may take many weeks or even months to complete. Eligibility hinges on a person being acquitted of a charge and a charge cannot be related to a violent offense. Individuals applying for expungement of their juvenile records must have a subsequent... Read More