Colorado Springs Criminal Defense Blog

Conspiracy to Commit a Crime Explained

By Timothy Bussey on June 12, 2023

Cropped shot of two businessmen shaking hands while money passes hands under a table

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.

Posted in: Criminal Defense

Understanding the Classes of Felony Theft Crimes

By Timothy Bussey on May 25, 2023

Two gloved hands on a laptop in a dim light room

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, or services rendered.

Posted in: Theft Crimes

Common Defenses for Colorado Theft Crimes

By Timothy Bussey on May 20, 2023

man in a ski mask breaks into a shed with a tool

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.

Posted in: Theft Crimes

All About Resisting Arrest and Related Charges

By Timothy Bussey on May 15, 2023

two handcuffed hands held with the shadow of bars overlaid

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:

Posted in: Violent Crimes

Colorado DUI Blood Testing

By Timothy Bussey on May 9, 2023

Medical professional taking a blood sample from a persons arm

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 person’s breath or blood to determine their alcohol content. While a person can refuse a chemical test, a refusal comes with serious consequences. Most people choose a chemical test of their blood. This article will focus on what constitutes a valid blood test.

Posted in: DUI Defense

Explaining “Self-Defense” Legal Defenses

By Timothy Bussey on April 30, 2023

Judge signing a paper by his gavel

“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 them to leave you alone. The third person chases after you and appears to have a weapon.

Posted in: Criminal Defense

Common Defenses for Drug Dealing Charges

By Timothy Bussey on April 20, 2023

close up of a drug exchange being made.

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 fines to misdemeanor probation. The charges will depend on the type of drugs, the amount, and whether you have previous felony convictions.

Posted in: Drug Crimes

“Trespassing” on Private Property: Is It Ever Justified?

By Timothy Bussey on April 15, 2023

A girl by a fence that reads

Trespassing is an umbrella term that covers a range of actions – from walking on a riverbank through private land when fishing, to entering a home with the intent to commit a violent crime. Colorado has three degrees of criminal trespassing charges.

Posted in: Criminal Defense

Assault and At-Risk Youth

By Timothy Bussey on April 10, 2023

Teacher sitting at a small table with construction paper and small child hands are seen but new faces.

Educators, counselors, and caretakers of youth with disabilities provide an invaluable service to children, families, and society. Those who work in these fields do so with a passion to provide education, care, and guidance to those who suffer intellectually and emotionally. While rewarding, these occupations also carry risks that other professions do not. When a situation gets out of control, caretakers and educators can find themselves charged with very serious crimes.

Posted in: Violent Crimes

Colorado Search and Seizure Law

By Timothy Bussey on April 5, 2023

FBI at work at the crime scene. Two agents with a phone and a flashlight, taking pictures of physical evidences on a table, we see them from the distance

Both the federal Constitution and the Colorado Constitution protect citizens against law enforcement unlawfully searching and seizing property. While substantially similar, the Colorado Constitution is slightly more specific than the federal Constitution. The Constitution of the State of Colorado specifically provides:

The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures; and no warrant to search any place or seize any person or things shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing.  Colo. Const. Art. II, Section 7.

Posted in: Criminal Defense

Rocks, Hand Cuffs and Gavel