Colorado Criminal Lawyer

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Colorado Felony Cases

Introduction

Assault

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Other Colorado Felony Criminal Charges

Colorado Felony CrimesThere are many Colorado criminal charges that are not discussed within this website. Please note, however, that Kevin Churchill accepts all felony and misdemeanor cases in Colorado. It is important to know that the job for your criminal defense lawyer is the same regardless of what your charge is. That is because the defense of every case involves trying to defeat the District Attorney’s case, by defeating his / her ability to prove some or all of the elements of the crime.

Every Colorado criminal charge is made up of "elements." If your case were to go to trial, the District Attorney would have to prove each element of the crime beyond a reasonable doubt. For example, let’s say you are charged with theft. The elements the District Attorney must prove are:

  1. That you (not someone else)
  2. In the County of (Denver for example), State of Colorado
  3. Obtained or controlled a thing of value
  4. That belongs to another
  5. Without authorization
  6. With the intent to permanently deprive the owner of it.

Your defense lawyer can defeat this charge at trial by defeating any single one of these elements. For example, your lawyer may be able to prove to the jury that you had joint ownership rights with the other person, and this may defeat element 4 above. If the other person knew you possessed the item, your lawyer can show that element 5 is not met, since the other person’s knowledge that you had the item - with no complaint or objection from the person - may imply that they gave you authorization to have it. If you simply borrowed the item, and a misunderstanding resulted, then element 6 is not met, since you intended to return the item.

Other criminal charges simply substitute different elements that the District Attorney must prove. If you are charged with crime "XYZ," then the elements might be:

  1. That you (not someone else)
  2. In the County of (Denver for example), State of Colorado
  3. Did XYZ

This obviously over-simplifies the picture, since there is different case law, and rules of evidence, that come into play for different criminal charges. However, an experienced criminal defense attorney will understand how to confront the case against you.

 Other Colorado Criminal Charges
Your Defense Representation

InformationEffective criminal defense representation involves accurately forecasting what will happen at trial, should your case proceed that far. In cases where the District Attorney can prove all of the elements of the offense that you are charged with, you may be well advised to accept a plea agreement that controls your’ damage. However, discovering weaknesses in the DA’s ability to prove any one of the elements can help you avoid a criminal conviction and punishment. A strong defense may result in the case being dismissed before it reaches trial.
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District Attorney - DA:

An elected official of a county or a designated district with the responsibility for prosecuting crimes. The duties include managing the prosecutor's office, investigating alleged crimes in cooperation with law enforcement, and filing criminal charges or bringing evidence before the Grand Jury that may lead to an indictment for a crime.

Plea Agreement:

In criminal procedure, a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead "guilty" or "no contest" to some crimes, in return for reduction of the severity of the charges, dismissal of some of the charges, the prosecutor's willingness to recommend a particular sentence, or some other benefit to the defendant.Tooltip content goes here.