Denver criminal defense lawyer Kimberly Diego is a highly skilled defense attorney who can defend clients charged with assault in the Denver metro area, or anywhere in Colorado. Attorney Diego understands how to assess and exploit the weaknesses in the prosecution’s case, so as to reduce penalties or defeat charges altogether in your case.
Colorado law provides for multiple kinds of assault: assault in the first degree, assault in the second degree, assault in the third degree. First degree assault is the most serious kind of assault, and third degree assault is the least serious. Regardless of the type of assault with which you are charged, any assault charge is serious and you should consult with a Denver criminal defense attorney experienced with handling assault charges immediately.
First degree assault is a Class 3 Felony, unless it is committed under circumstances constituting “heat of passion” (when it is caused by a serious and highly provoking act of the intended victim), in which case it is a Class 5 Felony. Because first degree assault is a crime of violence, any person convicted of first degree assault is subject to a mandatory minimum sentence of ten years. An individual can be charged with first degree assault in any of the following circumstances:
If a person, with intent to cause serious bodily injury to another person, actually causes serious bodily injury to any person (not necessarily the same person) by use of a deadly weapon
If a person intends to permanently disfigure another person, or to permanently disable them, and he does in fact cause such an injury to any person (not necessarily the same person)
If a person manifests extreme indifference to human life, knowingly engages in conduct which creates a grave risk of death to another person, and in so doing causes serious bodily injury to any person
If a person intends to cause serious bodily injury to a peace officer or firefighter, and threatens that person with a deadly weapon, while knowing that person is a peace officer or firefighter acting in the performance of his or her duties
Thus, Assault in the First Degree is a specific intent crime – meaning that the prosecution must prove that the defendant had the conscious objective to cause serious bodily injury. Serious bodily injury means an injury involving a substantial risk of death, serious bodily disfigurement, or protracted loss or impairment of the function of any part or organ of the body.
Second Degree Assault is a class 4 felony, or a class 6 felony if circumstances constituting “heat of passion” exist. Second degree assault can be established in several ways:
An individual intends to cause bodily injury to another person, and does cause bodily injury to a person with a deadly weapon
An individual recklessly causes bodily injury to another person, with a deadly weapon
An individual intends on causing bodily injury, and does cause serious bodily injury to a person
An individual causes bodily injury to anyone while trying to prevent a peace officer from doing their duties
An individual knowingly applies physical force upon an officer while they are in performance of their duties
An individual drugs another without their consent
The first four types of second degree assault listed above are considered crimes of violence, and thus are subject to a mandatory minimum sentence of 5 years. However, the last two types of second degree assault listed are not considered to be crimes of violence.
Third degree assault is a Class 1 Misdemeanor. However, because third degree assault is considered an extraordinary risk crime, a conviction for third degree assault can result in a sentence of incarceration of up to two years. A person commits third degree assault if they knowingly or recklessly cause bodily injury to another person. The only difference between second and third degree assault is the degree of injury. It is not considered a defense when the specific intent was directed at someone other than the victim.
Regardless of whether you are charged with first, second, or third degree assault, assault charges are always serious and it is advisable that you consult with a Denver criminal defense attorney to discuss your case as early as possibly in the process.
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!!!"
For a Free Consultation
Ready to take the first step towards protecting your future? Contact Kimberly Diego to schedule a free 45-minute consultation, where you can explore the unique circumstances of your case and determine your options. You can call Ms. Diego via phone at 720-257-5346, or simply fill out a free case review form to have a representative from the Law Office of Kimberly Diego contact you promptly.
Ms. Diego works with clients in the Denver metro area and beyond, including Boulder, Brighten, Broomfield, Castle Rock, Lakewood, Englewood, Aurora, White Ridge, Arvada, Westminster, Thornton, Northglenn, Fort Collins, and Colorado Springs. She has experience defending clients in all counties, including Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, Jefferson, and Lakewood.
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