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Defense strategies in assault cases

One of the more common crimes committed in Denver is assault.  There are many kinds of charges that can be filed in an assault case, depending on the particulars of the incident.  The unique circumstances of your case will determine how you will be defended by an attorney against an assault charge.

The definition of simple assault will vary from state to state, but generally, it is accepted as using force or violence against another person to some degree or another.  Most of the time, this means striking a person with your fist, kicking them or using an object to deliver one or more blows.  In other cases, the mere threat or just making an attempt to strike a person may also constitute the threshold for an assault case.  Simple assault is considered a misdemeanor most of the time.

An assault can be elevated to a more serious charge when there is an attempt to inflict more serious harm on a person.  Aggravated assault may be the charge when a person acts with more recklessness or more indifference when it comes to another person’s life.  Often times, a more dangerous weapon will be used in the commission of this type of crime.

When assault charges are filed, one of the most common defense strategies is self- defense.  A defense attorney must be able to show that the defendant faced a threat that was perceived as real and imminent and that there was no chance to retreat or escape from that threat.  This type of defense can also be used when the defendant commits assault because they were defending others.  This might apply in a domestic situation where one parent protects children from possible violence from the other parent.  In addition, a person may commit assault but be able to claim they were defending their property as well, especially in cases where a person’s home is involved.
Newell & Decker serves clients in Denver and nearby Colorado communities.

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