Colorado Criminal Defense Lawyer

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Colorado Criminal Defense Help
Colorado Criminal Lawyer

Other Criminal Charges in Colorado

There 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 in Colorado 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.

Effective 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 required elements can help you avoid a criminal conviction and punishment. A strong defense in such cases could result in the case being dismissed before it even reaches trial.