Firestone Assault Lawyer
Assault charges in Firestone carry real consequences that extend well beyond a courtroom. A conviction can affect employment, housing applications, professional licenses, and in domestic violence situations, child custody. Attorney Reid DeChant has handled assault cases at every level, from misdemeanor third-degree charges to felony counts involving weapons, and he approaches each case by actually understanding what happened and building a defense around the facts rather than a formula. If you are searching for a Firestone assault lawyer, the information below is worth reading before you make any decisions.
How Colorado Classifies Assault and What Firestone Residents Actually Face
Colorado divides assault into three degrees, and the distinction matters enormously when it comes to both penalties and negotiating room. Third-degree assault, typically charged when someone knowingly or recklessly causes bodily injury, is a class 1 misdemeanor. That sounds manageable until you realize it carries up to 364 days in jail, fines, mandatory treatment programs, and a criminal record that does not disappear on its own.
Second-degree assault is a class 4 felony. Prosecutors bring this charge when serious bodily injury is alleged, when a weapon is involved, or when the alleged victim is a law enforcement officer, first responder, or other protected class. A class 4 felony conviction in Colorado carries two to six years in the Department of Corrections, with a presumptive range of two to four years for most defendants. Probation is possible in some circumstances, but the sentencing range for second-degree assault involving a peace officer is treated as an extraordinary risk crime, which pushes the maximum penalty higher.
First-degree assault, a class 3 felony, is charged when prosecutors allege intent to cause serious bodily injury with a deadly weapon, or when a victim suffers permanent disfigurement or loss of an organ. The presumptive range is four to twelve years in prison.
Weld County, which covers Firestone, prosecutes assault cases through the 19th Judicial District. The Weld County District Attorney’s Office handles both misdemeanor and felony assault matters, and felony filings go to the Weld County District Court in Greeley. For residents of Firestone and the surrounding areas of Frederick and Dacono, understanding which court will handle your matter and how the local prosecution tends to approach these cases is a practical advantage, not just background information.
Domestic Violence Designations and Why They Change Everything
A significant portion of assault charges in Colorado carry a domestic violence designation. Under Colorado law, domestic violence is not a separate crime but rather a sentence enhancer applied when an assault occurs between intimate partners, former partners, or co-parents. What this means in practice is mandatory arrest policies, automatic protection orders that take effect at first appearance, and restrictions on firearms possession that are immediate and federal in scope.
The domestic violence designation also strips prosecutors of some of their flexibility. Colorado law does not allow a complaining witness in a domestic violence case to simply ask that charges be dropped. The decision belongs to the district attorney, not the alleged victim. Cases proceed even when the person who initially called police no longer wants to participate. This is a dynamic that trips up many people who believe the situation will resolve itself once they and their partner have talked things through.
DeChant Law has handled domestic violence assault cases through Weld County and in courts throughout the Denver metro area, including Adams County. Reid’s time as a public defender gave him direct experience with how these cases move through the system and where the leverage points actually exist for the defense. Dismissals and not-guilty verdicts in domestic violence cases appear in the firm’s record because these cases, despite their complexity, are genuinely defensible when the defense is built on what the evidence actually shows.
What Makes an Assault Charge Defensible
Assault charges often arise from incidents that are far more complicated than a police report captures. Self-defense is the most common defense, and Colorado law recognizes a person’s right to use force to defend themselves or others when they reasonably believe that force is immediately necessary. The word “reasonably” is where most of the legal contest happens. Whether the level of force used was proportionate to the perceived threat, whether the defendant had an obligation to retreat before using force, and whether the initial aggressor was actually the person charged are all questions that require careful factual development.
Witness credibility matters enormously in assault cases. Incidents frequently happen with few witnesses beyond the people involved, and accounts diverge sharply. Video surveillance footage from nearby businesses, cell phone records, prior communications between the parties, and medical records can all shift the evidentiary picture significantly. Reid’s training at the Trial Lawyers College centered on exactly this kind of factual and narrative work, building a case from the ground up rather than accepting the version of events assembled by law enforcement.
Consent is occasionally relevant, particularly in mutual combat situations. The absence of injury documentation can undermine the prosecution’s version of what occurred. And procedural issues, from how an arrest was conducted to how evidence was collected and preserved, can create grounds for suppression that change the trajectory of a case entirely.
Questions Worth Asking Before You Decide Anything
Can assault charges be reduced or dismissed before trial in Weld County?
Yes, and it happens with some regularity. Prosecutors assess the strength of their evidence, the prior record of the defendant, and the circumstances of the alleged incident. Where the evidence is thin, where witnesses are inconsistent, or where the defense can demonstrate that the initial police account was incomplete, charges are sometimes reduced or dismissed at or before preliminary hearing. This is not guaranteed, but it is a real outcome that depends heavily on how the defense frames the case early.
What happens to my record if I am convicted of assault in Colorado?
Assault convictions, particularly at the misdemeanor level, can sometimes be sealed after a waiting period under Colorado’s record sealing statutes. Felony assault convictions are more restricted. The domestic violence designation adds a further layer of complexity because federal law treats convictions involving domestic violence differently than state law does, particularly regarding firearms. Anyone facing an assault charge should understand the long-term record consequences before accepting any plea.
Does the person I allegedly assaulted have to press charges?
No. In Colorado, the district attorney decides whether to file and pursue charges. The complaining witness’s preference is one factor prosecutors may consider, but it does not control the outcome. This is particularly true in domestic violence cases, where the law explicitly limits the witness’s ability to drop a case.
How does a prior assault conviction affect a new charge?
Prior convictions elevate both the risk of a harsher sentence and the prosecutor’s willingness to offer favorable plea terms. A prior felony assault conviction can trigger habitual offender statutes that dramatically increase the sentencing range. Early and thorough defense work is more important, not less, when there is prior history.
What should I say to police after being accused of assault?
Very little. The right to remain silent exists specifically for situations like this. Statements made at the scene, at the police station, or in any subsequent conversation with investigators can be used against you at trial. Politely declining to answer questions until you have spoken with an attorney is not evidence of guilt and cannot be treated as such under Colorado law.
Are assault charges in Firestone handled in a different court than Denver charges?
Yes. Firestone is in Weld County, so assault cases there are handled through the 19th Judicial District, not Denver County Court or Denver District Court. The prosecutors, judges, and procedural norms are distinct from what someone familiar only with Denver courts would expect. Local knowledge of how the 19th Judicial District operates is a practical asset in any Weld County criminal case.
Can a Firestone assault case go to trial?
Absolutely. Many assault cases resolve before trial through dismissal or negotiated disposition, but trial is always an option and sometimes the right one. Reid DeChant has tried assault cases, including two-count assault with a deadly weapon, and obtained not guilty verdicts. That trial experience matters in how a case is built from day one, because defense attorneys who have tried cases prepare differently than those who have not.
Facing an Assault Charge in Weld County
A Firestone assault attorney who knows both the substantive law and the practical workings of Weld County courts gives you a real advantage at every stage, from the initial advisement through any potential trial. DeChant Law handles assault matters throughout the region, including Firestone, Frederick, Dacono, Mead, and the broader Weld County area. The firm’s approach begins with understanding your specific situation and extends through whatever it takes to achieve the best available outcome. If you are dealing with an assault charge in Firestone or anywhere in Weld County, contact DeChant Law to discuss what your case actually involves and what can realistically be done about it.

