Blog

Common Criminal Charges in Colorado: Know Your Options for Defense

Posted by Casey Alexander | Aug 21, 2024 | 0 Comments

If you are facing criminal charges in Colorado, you might be wondering what kind of defense strategies could be effective. While internet research might provide you with a few ideas, the most obvious way to review defense strategies is to consult with a defense lawyer. Each criminal case is different, and an effective strategy for someone else might not make sense for you. Book a consultation with an experienced criminal defense lawyer in Colorado, and you can assess the most appropriate strategy based on your unique circumstances. 

Defenses for Driving Under the Influence in Colorado

One of the most common offenses in Colorado is driving under the influence – otherwise known simply as “DUI.” Virtually anyone can face this offense, including politicians, celebrities, police officers, and even judges. 

If you want to defend yourself effectively against DUI charges, your first step should be to assess the severity of your situation. Some DUIs are worse than others, and there are many “aggravating factors” to consider. For example, a “simple DUI” might involve a traffic stop and a BAC of over 0.08%. However, a more serious DUI might involve injuries, deaths, child endangerment, or property damage. 

Once you understand the severity of your DUI charges, you can consider various defense strategies that may be helpful. Perhaps the most obvious choice is to prove that you were not intoxicated, and this is often easier than many defendants realize. Breathalyzer devices are often inaccurate, and police officers must be properly trained to use and calibrate them. 

You might also establish that your traffic stop was unconstitutional. Perhaps the police officers in question pulled you over without reasonable suspicion – or searched your vehicle without probable cause. If you experience these violations, various forms of evidence may become inadmissible – including test results and evidence. 

Defenses for Domestic Violence in Colorado

Domestic violence is another common offense in Colorado, and the consequences of a conviction can be truly life-altering. Not only can domestic violence lead to criminal consequences, but it can also cause child custody issues. 

If you were accused of domestic violence, you should know that prosecutors must prove your guilt beyond a reasonable doubt. If no one else saw the alleged abuse occur, it might be difficult for prosecutors to convict you based on the victim's testimony alone. 

Even if prosecutors manage to present more compelling evidence, you can execute various defense strategies. First of all, you could argue that the alleged abuse or assault was completely unintentional. For example, you might have tripped and fallen onto the alleged victim. Even if they believe that you tumbled into them on purpose, prosecutors must prove that the physical contact was intentional. 

Another obvious defense strategy is self-defense. If a member of your household becomes violent, you are fully justified in defending yourself. You might also be justified in defending someone else in your household – or even your own property. For example, your girlfriend might have thrown plates or glasses at you in the kitchen. These objects can potentially cause fatal injuries, and you may be justified in using physical force to protect yourself. 

Defenses for Theft in Colorado

Shoplifting and other theft-related offenses are common in Colorado. If you were accused of these crimes, you may be able to avoid or mitigate consequences with various defense strategies. Again, prosecutors need to prove your guilt beyond a reasonable doubt. If they are using grainy or pixelated surveillance footage, you can point out the unreliable nature of this evidence. This “case of mistaken identity” defense is quite common, and you could argue that you simply have a similar appearance to the real suspect. 

Like many crimes in Colorado, prosecutors must prove intent to secure a shoplifting conviction. If you simply forgot to pay for your item, there is no need to face excessive penalties. If your lawyer can help you show that your actions were purely accidental, you may be able to escape the consequences. 

Defenses for Drug Possession in Colorado

Many people face drug-related charges in Colorado each year. Fortunately, many of these defendants work with experienced defense lawyers and execute effective strategies to avoid conviction. 

One option is to question the drug evidence. For example, you might show that your cocaine consists of a certain amount of “filler,” such as flour or baking powder. This could reduce the net weight of the drugs, pushing down your penalties to a significant degree. 

You might also question the chain of custody related to the drug evidence. If the alleged drugs were not properly stored or transported, you might argue that they could have been tampered with. 

Like a DUI offense, a drug possession charge may fall flat if your rights were violated before or during the arrest. The Fourth Amendment makes unreasonable searches unconstitutional. If police officers search your vehicle, person, or home without a warrant, anything they find may become inadmissible in court. You can also question the constitutionality of a traffic stop if it occurred without reasonable suspicion. 

Defenses for Trespassing in Colorado

If you have been charged with trespassing, you could argue that the property owner gave you permission to be on the land. You might also argue that you were not aware that you were trespassing. If you were accused of trespassing at a business, you might show that the business was still open at the time of the alleged offense. 

Find an Experienced Defense Lawyer in Colorado

Casey James Alexander has been assisting defendants in Colorado for years – including those who have been accused of the most common offenses. Over our many years of experience, we have successfully executed many defense strategies. While it might feel tempting to simply plead guilty, an effective defense strategy may be easier to employ than you realize. During an initial consultation, you can discuss your situation in more detail and assess potential options. Reach out today to book a consultation with our experienced Loveland defense lawyers.  

About the Author

Casey Alexander

  YOUR ATTORNEY CASEY ALEXANDER Founding Attorney Prior to becoming an attorney Casey served in the United States Navy.  Now he serves the people of Northern Colorado and advocates for their legal needs. Bar Admissions Colorado PROFESSIONAL AFFILIATIONS 01 Larimer County Bar ...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment