Colorado Springs Strangulation Attorney
Are you facing charges related to strangulation in Colorado Springs? It’s a situation that no one wants to be in, and we understand how difficult this time is for you and your family. If you are facing such severe charges, you need an experienced and reliable attorney who can provide an efficient defense strategy and offer competent legal counsel throughout your case. With more than 30 years of experience in criminal law, we know what it takes to protect your rights and your future. Contact Anaya & Chadderdon today to schedule a free consultation.
Why Choose Anaya & Chadderdon For Your Strangulation Case?
Selecting a law firm to handle your strangulation case is one of the most important decisions you can make. Here’s why you should work with us:
- In contrast with other many larger law firms who delegate cases to associates or less experienced lawyers, you will always work with a firm partner when you choose to work with us.
- Additionally, our attorneys have access to top-notch support from dedicated paralegals, investigators, and various experts. This dynamic team collaborates to pursue every potential lead or insight that can help improve your defense.
- With a record of successfully helping thousands of clients navigate legal charges successfully, you can trust that we know what we’re doing and will give you the best chance at beating the charges against you.
Securing representation from Anaya & Chadderdon for your strangulation case provides you with the best chance of a successful outcome. Contact us today to schedule a free consultation.
How a Lawyer Can Help With a Strangulation Case
Engaging the services of a skilled attorney is crucial when facing serious charges like strangulation. Here’s how they can assist you:
- A reliable defense lawyer begins by investigating your case thoroughly. They sift through every detail and piece of evidence to build the strongest possible defense. They carefully scrutinize elements like photos, medical records, and videos, and speak with witnesses to determine what happened (or what didn’t happen).
- Beyond investigating your case, an attorney will also leverage their legal expertise to negotiate effectively with prosecutors for a plea deal that will provide a lesser sentence and/or reduced charges if you plead guilty.
- A lawyer can also file different motions before the trial begins, such as a motion to suppress which seeks to exclude evidence that was illegally obtained or is otherwise inadmissible.
- An attorney can also represent you at trial. During this phase of a case, it is an attorney’s responsibility to present opening and closing arguments to outline and summarize your defense. They will question witnesses for both sides to defend your position and challenge any evidence against you.
Facing a strangulation charge without professional support is never a good idea. Having experienced attorneys like those from Anaya & Chadderdon on your side can significantly increase your chances of receiving a favorable outcome in court. Don’t take this journey alone – reach out to us today for the legal defense you deserve.
Overview of Strangulation Charges in Colorado
In Colorado, domestic assault by strangulation is taken extremely seriously due to the potentially lethal consequences of such actions. Strangulation charges fall under the umbrella of assault charges in Colorado.
When the incident involves individuals in intimate relationships – whether they’re spouses, parents and children, other family members, or people in romantic relationships – a domestic violence enhancer is added. This is because a domestic violence charge in Colorado is not a crime in and of itself, it just enhances the penalties of other, underlying crimes.
Strangulation is defined as intentionally applying pressure to someone’s neck, throat and/or mouth/nose area with the goal of impeding their normal breath or blood circulation. This act can result in loss of consciousness and has significant potential for causing severe injury or even death.
(i) With the intent to cause bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury.
In Colorado, this is considered assault in the second degree, which is typically a class 4 felony. A Colorado Springs assault attorney from our firm can help you navigate your charges.
Penalties For Strangulation in Colorado
Strangulation is prosecuted under second-degree assault, which is considered a class 4 felony and commonly categorized as a Crime of Violence (COV) due to its dangerous nature.
If convicted of second-degree assault by strangulation, there are harsh mandatory minimum sentencing guidelines that must be followed. You could face five to 16 years in prison – a notably more severe range compared to the other class 4 felonies not designated as crimes of violence.
On top of possible prison time, substantial financial penalties may also be incurred – these fines can range from $2,000 up to $500,000.
Assault in The Heat of Passion
If you find yourself facing strangulation charges in Colorado, there could be potential for a reduced sentence if it can be demonstrated that the act was committed in the “heat of passion.”
The law recognizes that emotions can run high during certain situations, and if actions are taken as a direct result of being provoked under circumstances where an ordinary person might also lose self-control, this ‘heat of passion’ defense could lead to a mitigated sentence. It could instead be a class 6 felony, carrying between 12 and 18 months in jail and between $1,000 and $100,000 in fines.
Defenses to Strangulation Charges in Colorado
Defending against strangulation charges in Colorado requires careful legal strategy and a nuanced understanding of the law. Some common defenses include:
Insufficient Evidence: As with any criminal charge, the prosecution must prove every element of the offense beyond a reasonable doubt. If there isn’t enough evidence to suggest you actually restricted someone’s breathing or circulation, this can be used as a defense to argue for an acquittal.
Lack of Intent: Intent is a crucial component in these charges; you may not have intended to cause harm or restrict another person’s ability to breathe – it could have been an accident rather than an intentional act.
False Accusations: Sometimes, individuals are wrongfully accused due to misunderstandings, misidentifications, or deliberate false allegations. In such scenarios, gathering evidence that discredits the accuser’s narrative or establishes your innocence – like alibi witnesses or inconsistencies in the accuser’s story – is key to your defense.
Understanding the various defenses to strangulation charges and investing in an experienced legal advocate are essential steps toward safeguarding your rights and navigating these difficult allegations.
Contact Anaya & Chadderdon to Schedule a Free Consultation
If you are confronted with strangulation charges in Colorado, protecting your rights and securing a strong defense should be your top priority beginning from the moment of accusation or arrest. Anaya & Chadderdon bring extensive experience and dedicated legal representation to the table for individuals accused of these serious offenses. Don’t face these allegations alone; contact us today to schedule a free consultation.