In Colorado, you can be charged with assault in the first, second, or third degree depending on the circumstances of your case. But what are the differences between these degrees? And, more importantly, what are the possible penalties if you’re convicted?
Let’s look at the different levels of assault and the penalties associated with each crime.
Many people use the terms “assault” and “battery” interchangeably. Often these two words are even lumped together in one phrase – “assault and battery” – to describe criminal physical attacks.
Colorado law, however, considers these two words distinct from each other, and has different charges and punishments for the two crimes. To make matters even more confusing, the historical distinction of these two terms has actually been reversed under
Though assault and battery are often used in conjunction, assault refers to a unique type of crime in Colorado.
Under Colorado law, battery—sometimes referred to as “menacing”— is considered to be the act of intentionally causing fear of immediate body injury through physical or verbal threats. Alternatively, assault involves causing actual bodily injury to someone either knowingly or recklessly.
In Colorado, assault charges are classified into three different
Not too long ago in Denver, police opened fire on a car full of teenagers after the driver of the car supposedly started accelerating toward the officer. The driver of the vehicle, 17-year-old Jessica Hernandez, was shot and killed.
In recent weeks, this incident has drummed up national attention. People are claiming that none of the teenagers in the car were armed, and thus the shooting was unprovoked and
Arthur was walking through the parking lot to get to his car after work when suddenly a large man he’d never met before approached him, yelling angrily and waving his arms. Arthur, terrified and unsure what else to do, hit the threatening stranger and knocked him to the ground. A bystander called the police, who quickly arrived at the scene and charged Arthur with assault.
I had no experience with the justice system when I got my charge and would have been COMPLETELY lost in court without Kimberly there to get me through the process! I was certain I would at least get probation and fines, but Kim actually got my case dropped in the end! I couldn't believe it! I had other lawyers tell me I was in for much more but Kim went above and beyond to get the job done with the utmost integrity and professionalism! I would highly recommend her to anyone needing an attorney. Thanks again, Kim!
Oct 7, 2015
by Annie on
hen I started looking for a criminal lawyer to help with my husband's criminal case, I went through many initial consultations with other lawyers which resulted in me getting turned away because they felt our situation was hopeless. When I contacted Kimberly via email to ask if she thought she could help, I had barely just sent out the email when I saw a response from her. She told me she was confident she could help us, and she just made me feel so positive about everything. Kimberly has always been quick to respond, and she is great at mixing her professionalism with her compassion for the law and helping people get through their issues. I never doubted that she would help my husband get his open warrant lifted while he could not appear in person. We currently live in Brazil and we needed his warrant lifted in order for us to be able continue the immigration process, and despite all of the odds against us, she still did it! I highly recommend her services if you are looking for someone who is personal and professional, good at what they do, and not afraid to take on difficult cases. My husband's case is not yet finished completely yet, but we know Kimberly will get us through it!
Oct 7, 2015
by G. on
I retained Kimberly Diego to represent me in a criminal case in 2010. I found her to be a very competent criminal defense attorney. She was able to assist me in getting my case dismissed. She knows the ins and outs of the Colorado courts and is able to offer sound advice based on that knowledge. Her fees were both reasonable and fair. I would highly recommend Ms. Diego.
Oct 7, 2015
by Stephanie on
My husband & I are very happy in having chosen Kimberly Diego as our attorney. She negotiated and got the best outcome for my husband's case. I recommend anyone needing legal help contact Kim as she not only is professional but also takes a personal interest in her client's and their final outcome. Again Kim thank you for your excellent representation!
Oct 7, 2015
by Robert on
We contacted Kimberly Diego for a DUI that involved some very difficult circumstances with law enforcement officers. Upon dealing with this very serious situation, I knew that it was going to be complicated and difficult to get through. I was facing my 3rd DUI conviction, yet the law enforcement officers in this case acted unethically. Kimberly was diligent in hiring two key investigators to gather information that would benefit my case, and in the end all the work aided in the DUI charge being dropped. Although my wife and I never want to go through a situation like this again, we would recommend Kimberly for a defense attorney. Her focus, will to not quit, and focus to the detail that was necessary for my case, were all key in her work with me. Kimberly is very busy yet we learned quickly that she was doing the work necessary to be ready for our court date. We highly recommend Kimberly!
Oct 7, 2015
by Dean on
I was truly fortunate to have Kimberly Diego as my Lawyer. She seems to practice law because she believes in the judicial process. Her negotiation skills and knowledge put me at my best advantage with respect to defending myself. It was evident in court that she was a trustworthy expert, and enabled me to enter a fair and reasonable plea. Her representation gave me confidence, and helped put my life back on track, a sort of reform that jail time or longer probation could never have accomplished. Moreover, Ms Diego is a realist, but still took on challenge. She went above and beyond what any other lawyers I spoke with could not even fathom. She did what was necessary to represent me in all aspects of my defense needs. Finally Ms Diego was efficient and worked quickly keeping the amount of billable hours to a number I could afford. I highly recommend Ms Diego as a defense lawyer.
Oct 7, 2015
by Brent on
Hello Kim, I wanted to thank you for representing me with my recent incident in the Boulder area. You wasted no time in contacting the court to address my case. We we received feedback from the court about my case, you were not satisfied with their statement for my outcome. You took the case back to them, and you presented reasons for them, to offer me a better deal. I believe I received the best outcome I could possibly receive, for my situation. If I have another opportunity to use you again, I would certainly not hesitate, in calling you for my representation. Thank you again, for your help.
Oct 7, 2015
by Sekou on
Kimberly is a true professional. Shes professional, but not cold and strictly business. Kim took time to listen and ask questions and never being in a position in which i needed a lawyer, she actually made me feel as though i was a friend of hers that was in trouble and in need of her help. Kim was there for me and with her help and true professionalism the "other side" resorted to dropping all charges. Im am grateful that i made that call to Kimberly Diego and i would highly recommend her to represent you in court. Again thank you Kimberly, although i would NEVER want to go through it again, im glad to have met you, im happy to have had you represent me and consider you a friend
Oct 7, 2015
by Travis on
I contacted Kim concerning a case, which involved Indecent Exposure charges. Throughout the entire episode, she remained professional and courteous. I found her fees to be reasonable and fair. I was prepared to plea to the lesser charge, in exchange for a dismissal of the Indecent Exposure charge. After she explained she got both charges dismissed, I raised both my hands in triumph.
Oct 7, 2015
by Wayne on
Thank you so much for handling our daughters shoplifting case. The results were better than we expected. The professionalism and courtesy you showed in handling our case, and the updates and keeping us informed were always well timed and more than adequate. If I ever have the need (or anyone I know has the need) for a shoplifting attorney, I will definitely choose you or recommend you. GREAT JOB!!!"
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Finding a defense attorney isn’t something you can procrastinate on once you’ve been charged with a crime. No matter what the specific charges are that you face, you need to take your case seriously and sit down with a skilled criminal lawyer as soon as possible. Kimberly Diego will listen carefully to the details of your case, discuss what she thinks your best defense will be, and keep you informed every step of the way.
In any type of criminal case, you need a lawyer who understands the intricacies of both local and state law and is able to use that knowledge to present an aggressive defense. Kimberly Diego has the background and the knowledge of Colorado’s judicial system you need as part of your defense. You don’t have to live in the heart of Denver to work with Kimberly Diego. She has successfully defended clients in many areas, including:
Driving under the influence is a bad idea at the moment, but most people don’t understand how getting charged with a DUI can impact their lives in the long term.
The truth is: If you choose to drive when you’re over the legal blood alcohol limit, both short- and long-term consequences can apply, including limitations on where you can take your career in the future.
Search and seizure laws arise often in the discussion of criminal charges. If you were searched by police and then charged with the crime, the question of whether or not they had the right to search you is an important one – and one on which a solid case often hinges for the prosecution.
You are protected from illegal search and seizure under the Fourth Amendment of the United States