Colorado defines a deadly weapon as any object, instrument, or device capable of causing death or serious bodily injury. This broad category includes firearms, knives, bludgeons, explosive devices, and even everyday devices when used with intent to cause harm. For example, if someone uses a rock to smash someone else’s skull intentionally, that rock would […]
Category Archives: Criminal Defense
The crime of second-degree assault is defined in the Colorado Revised Statutes in Section 18-3-203. This is a serious criminal offense that involves intentionally or recklessly causing bodily injury to another person with a deadly weapon. It is a class 4 felony that carries a prison sentence of five to 16 years. When Is Second-Degree Assault […]
In 2019, Colorado created a “red flag” law. This law allowed a family member or a law enforcement officer to petition a judge to order the temporary seizure of firearms from people found to be a significant risk to themselves or others. This past session, the Governor signed Senate Bill 170 into law. This law […]
Being charged with conspiracy to commit a crime can result in significant penalties, including fines and prison time. Even if a person’s role in the crime is small, they can suffer serious consequences. In Colorado, “a person commits conspiracy to commit a crime if, with the intent to promote or facilitate its commission, he agrees […]
Theft is any crime which permanently deprives the owner of a thing of value. Theft is charged when the defendant is alleged to have taken, used, assumed control of, or abandoned this thing or demanded money or any other kind of compensation for returning it to its owner. The thing of value can include property, identity, […]
The laws governing theft in Colorado are complicated and cover a wide variety of crimes. Theft includes: Taking, using, exercising control over, or abandoning property in such a way that it deprives the owner of its use. Demanding payment or any other kind of compensation for returning something to its owner. This is probably […]
Under Colorado Revised Statute 18-8-103 CRS, a person can be charged with Resisting Arrest if they knowingly prevent or attempt to prevent a peace officer from effecting an arrest of the actor or another person by: Using or threating the use of physical force or violence on the peace officer; or Creating a substantial risk […]
In Colorado, if you are suspected of driving under the influence of alcohol or drugs, you are required to be given an Express Consent Advisement. CRS 42-4-1301.1 states that a person suspected of driving under the influence shall be required to “take and complete, and to cooperate” in the taking of a test of the […]
“Self-defense” is what is termed an “affirmative defense.” This means that you are admitting that you committed the alleged act, but it was justified because it was in self-defense. As an example, walking down the street with a friend, you are approached by a third person who asks you for money. You walk away, telling […]
Charges for drug dealing carry heavier penalties than possession for personal use. Dealing includes manufacturing, holding, distributing, and selling controlled substances or the ingredients to make those substances. It also includes inducing someone or conspiring with others to deal drugs. The severity ranges from felony charges with up to 32 years in prison and $1,000,000 in […]