Colorado Springs Criminal Defense Blog

Unconstitutional Police Search and Seizure: Know Your Rights

By Timothy Bussey on October 20, 2023

A police officer searching a suitcase next to a car being searched.

Encounters with law enforcement officers can be intimidating and stressful, especially if you are unsure of your rights. Understanding your constitutional protections is crucial when it comes to police searches and seizures. The Fourth Amendment to the United States Constitution is pivotal in safeguarding your rights during such encounters.

Posted in: Criminal Defense

Facing Hit-and-Run Charges? Here Are Some Common Defenses

By Timothy Bussey on October 10, 2023

A young woman on the side of the road by her car sitting on the ground with her head in her hands.

Hit-and-run charges are serious, with consequences ranging from a mandatory driver’s license revocation to possible jail time or prison sentences. Understanding the common defenses available is crucial if you are in such a predicament. When confronted with hit-and-run charges, you should know some of the effective defense strategies that could make a difference in your right to operate a vehicle – and your freedom.

Posted in: Violent Crimes

Breaking Down Colorado’s New Anti-Ghost Gun Law

By Timothy Bussey on September 19, 2023

A gun being printed in a 3D printer.

Beginning January 1, 2024, every gun in Colorado must have a serial number. If you own a firearm that does not have a serial number, you can get it serialized by a licensed Colorado gun dealer.

Senate Bill 279, signed into law by Governor Jared Polis on June 2, 2023, closes a loophole that allowed people to own and purchase so-called “ghost guns,” which can be assembled at home. Ghost guns are unregistered and untraceable by law enforcement.

Posted in: Violent Crimes

Burglary vs. Robbery in Colorado Criminal Law

By Timothy Bussey on September 5, 2023

Man dressed in all black including gloves and a ski mask uses a crow bar to pry something open.

For many people, burglary and robbery are just two different words for stealing something. And you will frequently hear the words used

interchangeably. But when it comes to the law, these terms have distinct definitions. They describe two different types of actions, and it’s important to understand the legal penalties and criminal implications of these crimes.

Posted in: Theft Crimes

The Distinction Between Criminal and Civil Trespassing

By Timothy Bussey on August 25, 2023

Red sign with white writing that reads

Most people know what trespassing is, but not everyone knows there are two categories–criminal and civil trespass. It is essential for anyone facing charges to distinguish between the two.

Posted in: Criminal Defense

Why Should You Plead the Fifth Even if You Are Innocent?

By Timothy Bussey on August 5, 2023

Woman on the stand of a trial in a courthouse

If you are facing criminal charges, it is crucial to understand and exercise your rights during legal proceedings. Individuals accused of crimes have certain protections under the U.S. Constitution. These include the right to remain silent as guaranteed by the Fifth Amendment.

Posted in: Criminal Defense

When Does “Bodily Injury” Become “Serious Bodily Injury”?

By Timothy Bussey on July 10, 2023

Physiotherapist examining a female patients neck in clinic

In Colorado, there is a substantial difference between the terms “bodily injury” and “serious bodily injury.” Bodily injury refers to minor injuries, such as cuts and bruises. Serious bodily injury refers to injuries that are so severe they pose a risk of death. If you are facing violent crime charges, understanding the differences between these terms is crucial, given that one could lead to more severe penalties than the other.

Posted in: Violent Crimes

What Do Police Consider a “Deadly Weapon”?

By Timothy Bussey on June 20, 2023

Hand holding up a sandstone rock, as if to hit something or someone.

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 be considered a deadly weapon under the law. Determination of a deadly weapon is based on the potential for harm rather than on the specific characteristics of the object itself.

Posted in: Violent Crimes

Colorado’s CRS 18-3-203 and Second-Degree Assault

By Timothy Bussey on June 18, 2023

Close-up of taking off handcuffs from criminal's hands in a dark fogged interrogation room

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.

Posted in: Violent Crimes

Colorado Tightens Gun Laws

By Timothy Bussey on June 15, 2023

A hunting riffle in a case on a table.

The “Red Flag” Law

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 expands who can petition the court for firearm removal to include, in addition to family and law enforcement, health care providers, district attorneys, and teachers.

Posted in: Criminal Defense

Rocks, Hand Cuffs and Gavel