Understanding the fine line between self-defense and assault in domestic violence cases is critical. Colorado law allows individuals to use reasonable physical force to protect themselves from harm. However, what one person considers self-defense might be seen by law enforcement and prosecutors as an act of assault. At Bruno Lilly LeClere, PLLC, we have extensive experience defending clients in Greeley and throughout Weld County facing domestic violence charges. Our legal team knows how to build a strong defense when self-defense is at the heart of the case.
Colorado’s Self-Defense Laws in Domestic Violence Cases
Under Colorado Revised Statutes §18-1-704, a person may use physical force to protect themselves if they reasonably believe they are in imminent danger of harm. However, the force used must be proportionate to the threat faced. If someone is physically attacking you, defending yourself by using necessary physical force may be justified. But if the response is deemed excessive, it could lead to an assault charge.
When Does Self-Defense Turn Into Assault?
Prosecutors will closely examine the circumstances surrounding a domestic violence incident to determine whether a claim of self-defense is valid. Factors they consider include:
- Who initiated the physical confrontation?
- Was the force used necessary to stop the threat?
- Was there an opportunity to escape or de-escalate the situation?
- Did the alleged victim suffer injuries that exceed what would be considered reasonable force?
If law enforcement believes the accused acted aggressively rather than defensively, they may charge them with assault. This is why having an experienced domestic violence defense attorney is essential.
Building a Strong Self-Defense Argument
At Bruno Lilly LeClere, PLLC, we know how to challenge domestic violence allegations by demonstrating that our clients acted in self-defense. We gather evidence such as witness statements, medical records, and surveillance footage to support our clients’ case. Additionally, we scrutinize police reports for inconsistencies and procedural errors that could weaken the prosecution’s case.
Why Choose Bruno Lilly LeClere, PLLC?
Our attorneys, including former prosecutors, understand the tactics used by the state to secure convictions. We use this insider knowledge to craft strategic defenses for our clients. If you or a loved one is facing domestic violence charges and acted in self-defense, don’t navigate this legal battle alone. Contact our team today at (720) 340-1373 for a confidential, free, initial case consultation. Let us protect your rights and fight for your freedoms.