Lakewood Assault Lawyer
Assault charges in Lakewood move fast. Law enforcement makes an arrest, a mandatory protection order gets issued the same night, and suddenly you are locked out of your home or separated from your family before you have spoken to anyone who can help. Reid DeChant at DeChant Law has defended assault cases across Jefferson County and the Denver metro area, and he understands what is actually at stake when Lakewood cases land in the Jefferson County district or county court system. A charge is not a conviction. What happens in the first days after an arrest often shapes everything that follows.
How Assault Charges Are Classified in Jefferson County
Colorado uses three degrees of assault, and the differences between them carry real consequences. Third Degree Assault is the most commonly charged, typically a Class 1 misdemeanor involving knowing, reckless, or negligent conduct that causes bodily injury. It sounds minor until you realize it carries up to 364 days in jail and two years of probation.
Second Degree Assault is a Class 4 felony and a crime of violence. This is where cases escalate, often because a weapon was involved or the alleged victim was a police officer or public official. Conviction means mandatory prison time under Colorado’s crime of violence sentencing scheme. A judge loses discretion when that label attaches.
First Degree Assault is the most serious: a Class 3 felony with a crime of violence designation and potential prison sentences measured in years, not months. These charges typically involve serious permanent disfigurement or conduct intended to cause severe bodily injury.
Where a charge lands on that spectrum depends on facts that are often disputed, witnesses who contradict each other, and evidence that has to be examined carefully. Jefferson County prosecutors make charging decisions based on police reports written in the hours after an incident, not after a full investigation. That gap between a report and reality is often where defenses are built.
What Domestic Violence Designation Does to an Assault Case
A significant number of Lakewood assault cases arrive with a domestic violence designation attached. Under Colorado law, that designation applies to any crime against a person with whom the defendant has an intimate relationship, which Colorado defines broadly to include former partners, co-parents, and household members.
The domestic violence label does several things at once. It triggers a mandatory arrest policy, meaning officers have no discretion once they determine probable cause exists. It generates an automatic protection order that can prohibit contact with the other party and entry into a shared home. And it bars the alleged victim from dropping the charges directly. The decision to proceed belongs to the prosecutor, not to the person who made the complaint.
This matters practically because many Lakewood domestic assault cases involve people in ongoing relationships who both want the case resolved without prosecution. Prosecutors know this dynamic and still move forward. An attorney who understands how Jefferson County’s domestic violence unit operates can work with that reality rather than being surprised by it.
Reid has tried domestic violence assault cases through verdict, including a Not Guilty result in a Third Degree Assault and False Imprisonment case. That kind of courtroom experience changes how cases get negotiated as well as how they get tried.
Self-Defense, Mutual Combat, and What Actually Gets Argued
Most assault charges have a story on both sides. The affirmative defense of self-defense under Colorado law is legitimate and has teeth when the facts support it. A person is justified in using physical force if they reasonably believed it was necessary to defend against an unlawful use of force by another person.
The challenge is that police reports are written by the officer who arrived after the incident, based on accounts from witnesses whose perspectives are limited and sometimes motivated. The person who threw the first punch is not always the person who gets arrested. The person who was defending themselves may have the visible injuries but still end up charged.
Mutual combat situations complicate things further. If both parties were willing participants in a fight, the self-defense analysis shifts. Evidence like surveillance footage, text messages, prior incident history, and medical records can change the picture significantly. In Lakewood, incidents near Belmar, along Colfax, or in areas with active nightlife tend to generate these kinds of contested fact patterns.
Building an actual defense means looking at the physical evidence, the witness statements, any video that exists, and the internal consistency of the allegations. Reid’s approach, informed by his training at Trial Lawyers College, treats each client’s story as worth understanding in full before determining how to present it.
Questions Lakewood Assault Clients Usually Have
Can the alleged victim decide to drop an assault charge in Colorado?
No. Once a report is filed and an arrest is made, the prosecution belongs to the state, not the individual. An alleged victim can choose not to cooperate, decline to testify, or communicate their wishes to the prosecutor, but the DA retains the decision on whether to proceed. Prosecutors in Jefferson County will sometimes move forward without a cooperative witness, depending on the other evidence available.
I was charged with assault but I was defending myself. Does that matter?
It matters significantly, but it has to be documented and argued effectively. Colorado law recognizes self-defense, and a proper self-defense showing can result in charges being dismissed or a not guilty verdict at trial. The key is presenting the evidence in a way that supports the legal standard. Reid has won assault cases at trial, including cases where the facts at first appeared to favor the prosecution.
What happens to my protection order while the case is pending?
A mandatory protection order is issued at the first court appearance and typically remains in place throughout the case. Violating it is a separate criminal offense. If the order prevents you from living in your home or having contact with your children, there are legal avenues to seek modification. This should be addressed early in the representation, not weeks later.
Is assault always a felony in Colorado?
Not automatically. Third Degree Assault is a misdemeanor in most circumstances, though it can be elevated depending on the identity of the victim or the degree of injury. Second and First Degree Assault are felonies. Where your charge falls depends on specific facts in your case.
Will a conviction stay on my record permanently?
A misdemeanor assault conviction may eventually be eligible for record sealing under Colorado law after a waiting period, depending on the specific circumstances. Felony assault convictions are far more difficult to seal. If you are not convicted, or if charges are dismissed, the record sealing process is more straightforward. This is worth discussing as part of the overall strategy in your case.
Does it matter which court my case is in?
It does, practically speaking. Misdemeanor assault cases are handled in Jefferson County Court, while felony charges proceed in Jefferson County District Court. The courthouses are located in Golden, and the procedural timelines differ between them. Reid practices in both courts and is familiar with how cases move through the local system.
What should I avoid doing after an assault arrest?
Do not contact the alleged victim, even to apologize or explain. Do not post anything about the incident on social media. Do not speak with law enforcement again without an attorney present. Statements made in the days after an arrest frequently become evidence at trial, and they rarely help the person who made them.
Talk to a Jefferson County Assault Defense Attorney
Assault charges in Lakewood are resolved through negotiation, motion practice, or trial. Which path makes sense depends on the strength of the evidence, the specific charge, and what outcome is realistic given the facts. At DeChant Law, Reid handles assault cases with the same approach he brings to every matter: understand the client’s story fully, examine the evidence carefully, and fight where the fight is worth having. If you are looking for a Lakewood assault attorney who will be direct with you about your situation and genuinely invested in the outcome, reach out to DeChant Law to get started.