Encounters with law enforcement officers can be intimidating and stressful, especially if you are unsure of your rights. Understanding your constitutional protections is crucial when it comes to police searches and seizures. The Fourth Amendment to the United States Constitution is pivotal in safeguarding your rights during such encounters. To protect your rights, it is critical to understand the Fourth Amendment, your rights during police encounters, and how to recognize unconstitutional searches and seizures. We will also emphasize the pivotal role of a criminal defense attorney in upholdin ..read more

Hit-and-run charges are serious, with consequences ranging from a mandatory driver’s license revocation to possible jail time or prison sentences. Understanding the common defenses available is crucial if you are in such a predicament. When confronted with hit-and-run charges, you should know some of the effective defense strategies that could make a difference in your right to operate a vehicle – and your freedom. Elements of Hit-and-Run The crime of hit-and-run requires proof of the following elements: The accused was involved in a motor vehicle collision. The collision caused damage to an ..read more

For many people, burglary and robbery are just two different words for stealing something. And you will frequently hear the words used interchangeably. But when it comes to the law, these terms have distinct definitions. They describe two different types of actions, and it’s important to understand the legal penalties and criminal implications of these crimes. An easy way to remember the basic distinction between the words is to think that buildings are burglarized and people are robbed. Because robbery always involves violence or the threat of violence, the legal penalties are usually more h ..read more

Most people know what trespassing is, but not everyone knows there are two categories–criminal and civil trespass. It is essential for anyone facing charges to distinguish between the two. What Is Criminal Trespassing? In Colorado, criminal trespass can be defined as knowingly and unlawfully entering or remaining on someone else’s property. This crime is charged in three different degrees, depending on the type of property and the reason for entering or remaining: First-degree criminal trespass: A person who knowingly and unlawfully enters or remains in the dwelling or motor vehicle of anoth ..read more

If you are facing criminal charges, it is crucial to understand and exercise your rights during legal proceedings. Individuals accused of crimes have certain protections under the U.S. Constitution. These include the right to remain silent as guaranteed by the Fifth Amendment. Understanding the Fifth Amendment The Fifth Amendment to the Constitution contains provisions relating to criminal law. It guarantees the right to a grand jury, prohibits double jeopardy (being prosecuted twice for the same crime), and protects against self-incrimination. The Fifth Amendment states, “No person shall ..read more

Colorado defines a deadly weapon as any object, instrument, or device capable of causing death or serious bodily injury. This broad category includes firearms, knives, bludgeons, explosive devices, and even everyday devices when used with intent to cause harm. For example, if someone uses a rock to smash someone else’s skull intentionally, that rock would be considered a deadly weapon under the law. Determination of a deadly weapon is based on the potential for harm rather than on the specific characteristics of the object itself. How Does the Use of a Deadly Weapon Enhance Penalties and Offe ..read more

The crime of second-degree assault is defined in the Colorado Revised Statutes in Section 18-3-203. This is a serious criminal offense that involves intentionally or recklessly causing bodily injury to another person with a deadly weapon. It is a class 4 felony that carries a prison sentence of five to 16 years. When Is Second-Degree Assault Charged? Assault in the second degree is a broad category of crime that occurs when a person intentionally hurts another. Under state law, it is second-degree assault to: Intentionally or recklessly cause injury to another person with a deadly weapon Int ..read more

The “Red Flag” Law In 2019, Colorado created a “red flag” law. This law allowed a family member or a law enforcement officer to petition a judge to order the temporary seizure of firearms from people found to be a significant risk to themselves or others. This past session, the Governor signed Senate Bill 170 into law. This law expands who can petition the court for firearm removal to include, in addition to family and law enforcement, health care providers, district attorneys, and teachers. A Raise of the Minimum Age for Purchase Senate Bill 169 was also signed into law. This law raised the ..read more

Theft is any crime which permanently deprives the owner of a thing of value. Theft is charged when the defendant is alleged to have taken, used, assumed control of, or abandoned this thing or demanded money or any other kind of compensation for returning it to its owner. The thing of value can include property, identity, or services rendered. Shoplifting, failing to return a rental car, assuming someone’s identity for the purpose of stealing are all examples of theft under this definition. Theft also includes money or goods that were taken by deception through scams, fraud, or embezzlement. T ..read more

The laws governing theft in Colorado are complicated and cover a wide variety of crimes. Theft includes: Taking, using, exercising control over, or abandoning property in such a way that it deprives the owner of its use. Demanding payment or any other kind of compensation for returning something to its owner. This is probably what is most commonly thought of as theft, such as shoplifting or burglary. However, theft also includes scams and fraud. Tricking others into giving you money or goods is theft by deception, such as: Insurance fraud Assuming another person’s identity Embezzlement Th ..read more