Aurora Assault Lawyer
An assault charge in Aurora carries consequences that extend far beyond the courtroom. A conviction can cost you your job, your housing, your professional license, and your standing in the community, and Colorado prosecutors in Arapahoe County and Adams County do not treat these cases lightly. Whether the charge stems from a bar fight near South Havana, a dispute in a parking lot, or an allegation of domestic violence that arose from a heated argument at home, the path forward requires immediate, deliberate action from an attorney who understands how these cases are built and how they can be taken apart. If you are searching for an Aurora assault lawyer, what you actually need is someone who has stood in front of a jury and won.
Assault charges in Colorado span a wide range of severity, from third-degree assault involving minor physical contact to first-degree assault allegations that carry mandatory prison sentences. What connects all of them is the prosecutorial posture: the Arapahoe County District Attorney’s Office and the Adams County District Attorney’s Office both maintain experienced prosecutors who pursue these cases with significant resources. The officer who arrested you has written a report designed to support a conviction. The DA’s office will review that report and look for every way to make the charge stick. Your defense has to be equally methodical, and it has to start before the first court date.
DeChant Law represents people facing assault charges throughout Aurora and the surrounding metro area. Attorney Reid DeChant brings public defender trial experience to every case, meaning he has actually cross-examined police officers, challenged the state’s witnesses, and tried assault cases before judges and juries in Colorado courtrooms. That trial background matters here because assault cases often require exactly that kind of courtroom pressure to resolve favorably.
How Colorado Assault Law Actually Works in Aurora Cases
Colorado assault law divides charges into three degrees, and the distinction between them shapes everything from how bail is set to what plea offers look like to what a conviction means for your life. Third-degree assault, the lowest tier, is classified as a misdemeanor and typically involves causing bodily injury to another person with intent, recklessness, or criminal negligence. Despite being a misdemeanor, a conviction still creates a criminal record and carries the possibility of jail time, probation, fines, and mandatory treatment programs depending on the circumstances.
Second-degree assault is where the stakes increase sharply. It is a felony offense in Colorado and covers a range of conduct including causing serious bodily injury with intent or using a deadly weapon. Assaults against certain categories of people, including law enforcement officers, corrections officers, and healthcare workers, are elevated to second-degree automatically under Colorado law, regardless of whether serious injury occurred. Aurora law enforcement encounters with suspects frequently produce these elevated charges, and the felony designation means a conviction results in a presumptive prison sentence under Colorado’s sentencing grid for crimes of violence.
First-degree assault involves conduct that causes serious bodily injury under circumstances demonstrating extreme indifference to human life, or intentional conduct involving a deadly weapon that causes serious injury. These cases are prosecuted as class three felonies, and Colorado law classifies them as crimes of violence, which triggers mandatory prison time and limits judicial discretion at sentencing. When you are looking at a first-degree assault charge in Arapahoe County or Adams County, the difference between a conviction and an acquittal, or between a felony plea and a reduced misdemeanor plea, can mean the difference between prison and freedom.
Common Assault Charges DeChant Law Defends in Aurora
- Third-Degree Assault: Colorado’s misdemeanor assault statute covers cases where someone intentionally, recklessly, or with criminal negligence causes bodily injury to another. These charges arise frequently from bar altercations near Buckley Road or Havana Street, road rage incidents on E-470 or I-225, and disputes between neighbors or coworkers.
- Second-Degree Assault (Felony): A felony charge that covers intentional serious bodily injury, use of a deadly weapon, and assaults on protected classes of victims such as police officers or emergency responders. Arapahoe County prosecutors often pursue these charges aggressively when the alleged victim is a first responder or when a weapon was involved.
- Domestic Violence-Linked Assault: Colorado’s domestic violence designation applies when an assault is committed against a current or former intimate partner, a co-parent, or a household member. The designation triggers mandatory arrest and no-contact orders, limits diversion eligibility, and adds mandatory treatment requirements upon conviction. Aurora Police Department policy requires arrest in domestic violence calls, even when the alleged victim does not want to press charges.
- First-Degree Assault: The most serious tier, charged as a class three felony crime of violence in Colorado. These cases often involve allegations of serious bodily injury with a weapon or conduct viewed as extreme in its disregard for human life. The mandatory sentencing range upon conviction is severe, making early and thorough defense preparation critical.
- Assault on a Police Officer or Public Official: Any physical contact with a law enforcement officer during an arrest or detention can be charged as second-degree assault under Colorado law, even when the contact is minor. Aurora police-involved encounters near I-225, Aurora Town Center, and the Fitzsimons corridor generate these charges regularly.
- Vehicular Assault: Colorado’s vehicular assault statute covers serious bodily injury caused by driving a vehicle while impaired or in a reckless manner. These cases often arise from DUI stops or accidents on major Aurora roadways and carry felony-level consequences that overlap with both assault defense and DUI defense.
What to Do After an Assault Arrest in Aurora
The period immediately following an arrest matters more than most people realize. Aurora Police Department arrests for assault are processed at the Aurora Municipal Jail, and depending on the charge severity, a first appearance before a judge will occur within 24 hours for in-custody defendants. At that first appearance, bail conditions are set and a no-contact order may be entered. You have virtually no ability to influence those conditions without an attorney already working your case, which is why reaching out to a criminal defense attorney before that first appearance is worth prioritizing.
Say nothing about the facts of the incident to police, jail staff, or anyone else before you speak with an attorney. Colorado law allows police to use anything you say after arrest against you, and Aurora Police investigators are trained to conduct follow-up interviews designed to produce admissions. Politely invoking your right to an attorney and declining to discuss the case is not an admission of guilt; it is the single most protective step you can take in the immediate aftermath of an arrest.
Aurora assault cases handled at the felony level are filed in either Arapahoe County District Court at the Arapahoe County Justice Center in Centennial, or Adams County District Court in Brighton, depending on which part of Aurora the alleged offense occurred. Misdemeanor and lower-level domestic violence assault charges may begin in Aurora Municipal Court before being transferred. Understanding which court has jurisdiction over your case matters because it affects which prosecutors are handling the file, what local practices apply to scheduling and plea negotiations, and how quickly the case will move.
Gather and preserve everything that could be relevant: text messages, phone records, photographs of the scene or of your own injuries, names and contact information of witnesses who saw what happened, and any surveillance footage from nearby businesses. Video footage in particular disappears quickly; businesses typically overwrite footage within days. A defense attorney can send preservation letters to compel businesses to retain footage before it is lost. Do not contact the alleged victim, even to apologize or explain yourself, especially if a no-contact order has been entered. Violations of no-contact orders create separate criminal charges and are taken seriously by Aurora and Arapahoe County courts.
Why Choose DeChant Law for Aurora Assault Defense
Reid DeChant’s background is not the standard private defense attorney resume. Before building his private practice, Reid served as a public defender, handling a high volume of cases across Denver, Broomfield, and Adams County courtrooms in every category of criminal defense, including assault, domestic violence, felony assault, and violent crimes. That experience produced something that cannot be replicated by courtroom-adjacent work: genuine trial readiness. Reid has cross-examined Aurora and Arapahoe County law enforcement officers, challenged eyewitness testimony, and stood before juries in cases where the outcome was life-altering for his client.
Reid is also a graduate of the Trial Lawyers College, founded by legendary attorney Gerry Spence. The program focuses on authentic human storytelling, psychodrama, and the techniques that allow a defense attorney to connect a jury to their client as a person rather than a legal abstraction. In assault cases, where the jury’s sympathy often begins with the alleged victim, this approach is not a stylistic preference. It is a tactical advantage. Jurors acquit defendants whose full stories they understand. Reid’s training shapes how he prepares every assault defense, from the initial client interview through closing argument.
The firm’s case results include a not guilty verdict at trial for two counts of assault with a deadly weapon, a not guilty verdict on third-degree assault out of Adams County, and a dismissed third-degree assault case also out of Adams County. These are actual outcomes from Reid’s practice, not aggregated statistics. Reid is a member of the National Association of Criminal Defense Lawyers and the Colorado Criminal Defense Bar, keeping him connected to developments in assault defense strategy at both the state and national level. His recognition from peer-rated national legal organizations reflects the quality and consistency of his representation.
Questions About Aurora Assault Charges
What is the difference between assault and menacing in Colorado?
Assault under Colorado law requires some form of physical contact or injury. Menacing, by contrast, is a separate charge that applies when someone places another person in fear of imminent serious bodily injury, whether by physical act or by use of a deadly weapon. You can be charged with menacing even if no physical contact occurred. The two charges sometimes appear together in the same case, particularly in situations involving confrontations that escalated verbally before any physical contact took place.
Can an assault charge be dropped if the alleged victim does not want to press charges?
In Colorado, the decision to pursue criminal charges belongs to the district attorney, not the alleged victim. Once a police report has been filed and charges have been submitted, the DA’s office can and regularly does proceed with prosecution even over the objection of the complaining witness. This is especially common in domestic violence cases, where Aurora Police policy and Colorado law strongly favor continued prosecution. The alleged victim’s reluctance can influence how a prosecutor evaluates a case, but it does not automatically result in dismissal.
Will an assault conviction affect my concealed carry permit in Colorado?
Yes. A felony assault conviction in Colorado results in the loss of your right to possess firearms under both state and federal law. Even a misdemeanor domestic violence assault conviction triggers a federal firearms disability under the Lautenberg Amendment, which prohibits possession of firearms by anyone convicted of a misdemeanor crime of domestic violence. These collateral consequences are permanent and attach automatically upon conviction, making the stakes in any assault case involving a domestic violence designation particularly high for gun owners.
How does Colorado handle assault charges when both parties were fighting?
Colorado law recognizes mutual combat situations and the concept of self-defense and defense of others as affirmative defenses to assault charges. If the evidence supports that you reasonably believed physical force was necessary to defend yourself or another person from imminent unlawful force, that defense can be raised at trial. The question of who was the initial aggressor matters significantly in these cases, which is why witness testimony, surveillance footage, and physical evidence about the location and nature of any injuries are so important to investigate early.
What happens if the assault allegedly occurred in my own home?
Colorado’s make-my-day statute provides legal protections for the use of force, including deadly force in limited circumstances, against someone who has unlawfully entered a dwelling and there is reason to believe they intend to commit a crime or use physical force. However, this statute does not apply to confrontations between occupants of the same home. In domestic violence assault cases where both parties live together, the self-defense analysis is governed by general self-defense principles rather than the make-my-day statute, and the prosecution’s approach often focuses on disqualifying a self-defense claim by establishing who initiated the physical confrontation.
Can I be charged with assault even if the other person was not seriously injured?
Yes. Third-degree assault in Colorado does not require serious bodily injury. It requires only that you intentionally, knowingly, or recklessly caused bodily injury to another person, or that you caused injury with criminal negligence using a deadly weapon. “Bodily injury” under Colorado law is defined broadly and includes physical pain, illness, or any impairment of physical or mental condition. A shove that causes bruising, a punch that causes pain but leaves no visible mark, and similar incidents can all support a third-degree assault charge.
How long does an assault case typically take to resolve in Arapahoe County?
Case timelines vary based on charge severity, evidence complexity, court scheduling, and whether the case proceeds to trial. Misdemeanor assault cases in Aurora Municipal Court can move relatively quickly, sometimes resolving within a few months. Felony assault cases in Arapahoe County District Court involve multiple stages, including advisements, preliminary hearings, motions practice, pretrial conferences, and potentially a jury trial, and can take anywhere from several months to over a year from arrest to resolution. Cases involving complex forensic evidence or multiple witnesses tend to take longer.
Does a deferred sentence clear an assault charge from my record in Colorado?
A deferred judgment in Colorado allows a defendant to plead guilty conditionally, complete a probationary period with specified conditions, and then have the plea withdrawn and the case dismissed upon successful completion. Once dismissed, the defendant can petition to seal the record. However, domestic violence assault charges carry significant restrictions on deferred sentences under Colorado law, and not every defendant will qualify. Even where a deferred sentence is available, it still involves entering a guilty plea initially, which carries risks if the deferred period is not completed successfully.
What role does surveillance footage play in Aurora assault cases?
Aurora is a densely developed urban and suburban area, and a large number of assault incidents occur near commercial corridors, parking lots, apartment complexes, and public areas that have surveillance cameras. Video footage can be the single most important piece of evidence in an assault case, either for the prosecution or the defense. It can corroborate or contradict witness testimony, show who initiated the confrontation, and establish the sequence of events in a way that is difficult to challenge. Because footage is routinely overwritten within days, requesting preservation immediately after an arrest is one of the most time-sensitive steps in any Aurora assault defense.
Is it possible to have an assault charge reduced or dismissed before trial?
Yes, and it happens regularly in well-defended cases. Prosecutors will evaluate the strength of their evidence, the credibility of witnesses, whether any constitutional violations occurred during the stop or arrest, and the overall equities of the situation when deciding whether to offer reduced charges or diversion programs. Strong pretrial motions challenging the legality of evidence, effective cross-examination at preliminary hearings, and thorough investigation that identifies weaknesses in the state’s case all create leverage for negotiated resolutions short of trial. A case that looks strong for the prosecution on paper can look very different once an experienced defense attorney has worked through the discovery materials.
Aurora and Metro Denver Communities DeChant Law Serves
DeChant Law represents clients facing assault charges throughout Aurora and the broader metro area. This includes every part of Aurora itself, from the Hoffman Heights and Jewell Heights neighborhoods on the west side through Tollgate Crossing and Saddle Rock on the east side, and from the established residential areas near Buckley Air Force Base through the newer developments near Aurora Highlands. The firm also serves clients in Centennial, Greenwood Village, and Englewood in Arapahoe County, as well as clients in Commerce City, Thornton, Brighton, and Westminster in Adams County. Cases arising in Denver County, Jefferson County, Douglas County, and Broomfield County are also handled regularly, reflecting the geographic reach that Reid’s prior public defender and private practice experience established across the metro region.
Talk to an Aurora Assault Attorney Before Your Next Court Date
Assault charges do not resolve themselves favorably on their own. The longer you wait to get experienced legal representation working on your case, the more of the critical early evidence-gathering and procedural windows you forfeit. Reid DeChant is an Aurora assault attorney who has actually tried these cases to verdict and won, and who brings a disciplined, methodical approach to every client’s defense from the first consultation through the final outcome.
Contact DeChant Law to discuss your assault charge and find out what a genuine, trial-ready defense looks like for your specific situation. A confidential consultation costs you nothing and gives you the information you need to make a clear-eyed decision about how to proceed.
