In Assault cases in Greeley, self-defense may sometimes be raised as a defense if the defendant used physical force to protect themselves or another person. Assault is criminally charged at the Weld County Court whenever one person causes another person bodily injury. However, people may exercise self-defense and use physical force in some cases, which provides an affirmative defense to Assault charges. If you were charged with First Degree Assault or Second Degree Assault after using self-defense, call our top Greeley criminal defense lawyers today to discuss your case.
Colorado’s Law on Self-Defense / Use of Physical Force in Defense of a Person, C.R.S. 18-1-704
Colorado’s law on self-defense, legally known as Use of Physical Force in Defense of a Person, C.R.S. 18-1-704, is as follows:
When Can Self-Defense Be Raised as a Defense in Assault Cases at the Weld County Court?
At the Weld County Court, self-defense can be raised as an affirmative defense in an Assault case if the defendant:
- Reasonably believed that physical force was necessary to protect themselves or another person from the use or imminent use of unlawful physical force,
- Used only a degree of force that was necessary to stop the attack, and
- Did not provoke the attack with intent to cause bodily injury or death to the other person / was not the initial aggressor (unless the defendant withdrew from the encounter).
The above bullet points only cover a brief summary of the necessary requirements to successfully raise self-defense as an affirmative defense. C.R.S. 18-1-704 (3) covers the circumstances in which a person may not claim self-defense.
Charged with Assault? Contact a Top Greeley Criminal Defense Lawyer Today
If you were charged with Assault for exercising self-defense, contact our top Greeley criminal defense lawyers today. Self-defense is a total affirmative defense, meaning that if successfully raised, your case could be dismissed. However, your lawyer must demonstrate that you needed to exercise self-defense to protect yourself or another person, that you only used a necessary degree of force, and that you did not provoke the attack. This is easier on paper than in practice, which is why an attorney with over 30 years of experience is necessary for your case. Call us today, and together, we can protect your future.
Have you been charged with Assault? Be smart, and exercise your right to stay silent. Then get in contact with a criminal lawyer with decades of experience at the O’Malley Law Office today at 970-616-6009 to discuss your case. Together, we can protect your future.
The location for the Weld County Court is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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