Violent Crime Defense in Denver
If you have been charged with a violent crime in Colorado, the next few weeks will shape the rest of your life. The stakes are not abstract — you are facing years or decades in prison, a permanent criminal record, and consequences that reach into your career, your family, and your future. This is not the time for a general practitioner. This is the time for attorneys who have tried violent crime cases — repeatedly, successfully, and under the same pressure you are feeling right now. At Masterson Hall, violent crime defense is central to our practice, and we bring the preparation and courtroom experience these cases demand.
Colorado Law: How Violent Crimes Are Classified
Colorado defines and classifies violent offenses across several sections of the Colorado Revised Statutes (C.R.S.), primarily within Title 18, Articles 3 and 4. Understanding how the state categorizes these charges is the first step in building a defense.
Assault offenses are found in C.R.S. §§ 18-3-202 through 18-3-204, covering first-, second-, and third-degree assault. First-degree assault (§ 18-3-202) — intentionally causing serious bodily injury with a deadly weapon — is a Class 3 felony. Second-degree assault (§ 18-3-203) covers intentionally causing serious bodily injury without a deadly weapon and is a Class 4 felony, though it drops to a Class 6 felony if committed in the heat of passion. Third-degree assault (§ 18-3-204), which involves knowingly or recklessly causing bodily injury, is a Class 1 misdemeanor — but it is still a criminal conviction with lasting consequences.
Homicide offenses are defined in C.R.S. §§ 18-3-102 through 18-3-107. First-degree murder (§ 18-3-102) is a Class 1 felony — the most serious criminal charge in Colorado, carrying a mandatory sentence of life imprisonment. Second-degree murder (§ 18-3-103) involves knowingly causing death and is a Class 2 felony. Manslaughter (§ 18-3-104) — recklessly causing death — is a Class 4 felony. Criminally negligent homicide (§ 18-3-105) is a Class 5 felony. Vehicular homicide (§ 18-3-106) is charged as either a Class 3 or Class 4 felony, depending on whether intoxication was a factor.
Weapons offenses fall under C.R.S. Article 12. Possessing a dangerous or illegal weapon (§ 18-12-102) and prohibited use of weapons (§ 18-12-106) carry felony-level penalties and are frequently charged alongside assault and homicide. Possession of a weapon by a previous offender (§ 18-12-108) is a Class 5 or Class 6 felony and one of the most commonly charged firearms offenses in Colorado.
Menacing (§ 18-3-206) involves placing another person in fear of serious bodily injury. It is a Class 1 misdemeanor, elevated to a Class 5 felony when a real or simulated firearm, knife, or bludgeon is involved.
Robbery (§ 18-4-301) and aggravated robbery (§ 18-4-302) are classified as Class 4 and Class 3 felonies, respectively. Aggravated robbery — robbery involving a deadly weapon or serious bodily injury — is designated an extraordinary risk crime under Colorado law, which increases the sentencing range.
A critical overlay is Colorado’s “crime of violence” sentencing statute (C.R.S. § 18-1.3-406). When a violent offense involves a deadly weapon or results in serious bodily injury, the court must impose at least the midpoint of the presumptive range — no probation, no suspension. This mandatory enhancement applies to many of the charges on this page and dramatically raises the stakes.
Types of Violent Crime Charges We Defend
Assault Defense
Assault is the most commonly charged violent crime in Colorado, and the degrees vary significantly in elements and consequences. First-degree assault involves intentionally causing serious bodily injury with a deadly weapon. Second-degree assault covers intentional serious bodily injury, along with specific scenarios like assaulting law enforcement. Third-degree assault — knowingly or recklessly causing injury — is a misdemeanor but frequently appears alongside domestic violence allegations. Jolie Masterson alone has tried 19 assault cases.
Homicide and Murder Defense
A homicide charge is the most serious accusation the state of Colorado can bring. First-degree murder requires proof that the killing was deliberate and premeditated — or committed with extreme indifference to human life. Second-degree murder requires proof that the defendant knowingly caused another person’s death. Both carry sentences measured in decades or life. These cases demand exhaustive defense: forensic evidence analysis, witness credibility challenges, and the development of alternative theories. Jesse Hall handled homicide cases during his years as a Deputy State Public Defender and brings that experience to every case.
Manslaughter Defense
Manslaughter (C.R.S. § 18-3-104) involves recklessly causing another person’s death. It is a Class 4 felony carrying 2 to 6 years in prison under the presumptive range. While less severe than murder, a manslaughter conviction still carries substantial prison time and a permanent felony record. Many manslaughter cases turn on the distinction between reckless and negligent conduct — a factual question that skilled defense counsel can contest effectively.
Vehicular Assault Defense
Vehicular assault (C.R.S. § 18-3-205) involves operating a vehicle recklessly or under the influence and causing serious bodily injury. It is a Class 4 or Class 5 felony depending on the circumstances. These cases involve accident reconstruction, toxicology reports, and expert testimony — all of which can be challenged.
Vehicular Homicide Defense
Vehicular homicide (C.R.S. § 18-3-106) is charged when someone dies as a result of reckless driving or DUI. DUI-related vehicular homicide is a Class 3 felony carrying 4 to 12 years, with the potential for double in extraordinary circumstances. Reckless vehicular homicide is a Class 4 felony. Few Denver firms dedicate focused attention to this charge — we do.
Serious Bodily Injury Cases
“Serious bodily injury” (SBI) is defined in C.R.S. § 18-1-901 as injury involving a substantial risk of death, serious permanent disfigurement, protracted impairment of any body part, or specific injuries like fractures, penetrating wounds, and second- or third-degree burns. SBI is not a standalone charge — it is a sentencing enhancement that elevates the consequences of many violent offenses. Whether an injury qualifies as “serious” is a jury question and one of the most contested factual issues in violent crime cases. Challenging the SBI designation can mean the difference between felony and misdemeanor consequences.
Weapons Offense Defense
Colorado weapons charges range from possession of an illegal weapon (C.R.S. § 18-12-102) to prohibited use of weapons (§ 18-12-106) to possession by a previous offender (§ 18-12-108). Weapons charges are frequently filed alongside other violent crimes, and a weapons enhancement can trigger mandatory sentencing under the crime of violence statute. Jolie Masterson has tried 10 weapons cases.
Robbery Defense
Robbery (C.R.S. § 18-4-301) is a Class 4 felony. Aggravated robbery (§ 18-4-302) — robbery involving a deadly weapon, the threat of a deadly weapon, or causing serious bodily injury — is a Class 3 felony and an extraordinary risk crime, with sentencing reaching 10 to 32 years in prison. These cases frequently turn on identification evidence, surveillance footage, and witness credibility. Robbery charges sometimes overlap with domestic violence allegations when the alleged victim is a household member.
Menacing Defense
Menacing (C.R.S. § 18-3-206) is charged when someone places another person in fear of imminent serious bodily injury. Simple menacing is a Class 1 misdemeanor. Felony menacing — involving a real or simulated weapon — is a Class 5 felony. Menacing is commonly charged alongside assault and domestic violence, and the facts often support a strong defense.
Penalties and Sentencing for Violent Crimes in Colorado
Colorado’s sentencing framework for violent offenses is governed by the presumptive sentencing ranges in C.R.S. § 18-1.3-401, with additional mandatory provisions for crimes of violence under § 18-1.3-406.
Presumptive Sentencing Ranges
| Felony Class | Presumptive Range | Extraordinary Risk Range | Mandatory Parole |
|---|---|---|---|
| Class 1 | Life imprisonment | — | — |
| Class 2 | 8–24 years | 16–48 years (crime of violence) | 5 years |
| Class 3 | 4–12 years | 4–16 years (extraordinary risk) | 5 years |
| Class 4 | 2–6 years | 2–8 years (extraordinary risk) | 3 years |
| Class 5 | 1–3 years | 1–4 years (extraordinary risk) | 2 years |
| Class 6 | 12–18 months | 12–24 months (extraordinary risk) | 1 year |
Crime of Violence Enhancement
When a violent offense involves the use or threatened use of a deadly weapon, or results in serious bodily injury or death, the court must sentence the defendant to at least the midpoint of the applicable range — with no probation, no deferred judgment, and no suspension. For offenses committed on or after July 1, 2023, multiple crimes of violence arising from the same incident must be sentenced consecutively, not concurrently.
Collateral Consequences
The consequences of a violent crime conviction extend far beyond the prison sentence:
- Employment: A violent felony will appear on background checks indefinitely. Many employers, licensing boards, and professional organizations disqualify applicants with violent crime convictions.
- Immigration: Violent crime convictions are almost always classified as “crimes involving moral turpitude” or “aggravated felonies” under federal immigration law, triggering removal proceedings, bars to naturalization, or visa revocation.
- Firearms: A felony conviction permanently prohibits firearm possession under both federal law (18 U.S.C. § 922(g)) and Colorado law.
- Child custody: Colorado family courts consider criminal history when determining parental responsibilities. A violent conviction can directly affect custody and parenting time.
- Housing: Landlords routinely screen for criminal history. A violent felony can limit housing options for years.
Defense Strategies for Violent Crime Charges
Every violent crime case has a defense. The question is which strategy — or combination of strategies — gives you the strongest position. At Masterson Hall, we evaluate every case from multiple angles.
Constitutional Challenges
The Fourth, Fifth, and Sixth Amendments protect your rights at every stage. Unlawful searches, coerced statements, Miranda violations, and denial of your right to counsel can result in evidence being suppressed — and when critical evidence is excluded, the prosecution’s case may collapse. Jesse Hall has secured suppression rulings excluding key evidence in firearms and search cases, leading directly to dismissals.
Evidentiary Challenges
Violent crime cases often depend on forensic evidence (DNA, ballistics, toxicology), eyewitness identification, surveillance footage, and expert testimony. Each can be challenged. Eyewitness identification is notoriously unreliable. Forensic evidence can be mishandled, misinterpreted, or overstated. Jesse Hall has published on cell-tower tracking data and forensic science and serves as the state’s Cell-Tower Science Case Evaluator — background that makes him particularly effective at challenging the scientific evidence prosecutors rely on.
Affirmative Defenses
Colorado law provides several affirmative defenses to violent crime charges:
- Self-defense (C.R.S. § 18-1-704): A person is justified in using physical force to defend themselves or a third person from what they reasonably believe to be the use or imminent use of unlawful physical force. Deadly force is justified when the person reasonably believes they face imminent danger of death or great bodily injury. Colorado has no duty to retreat — you are not required to flee before defending yourself.
- Defense of others (C.R.S. § 18-1-704): The same justification applies when defending a third person.
- Defense of premises (C.R.S. § 18-1-704.5): Colorado’s “Make My Day” law permits the use of deadly force against an intruder who has made an unlawful entry into a dwelling and the occupant reasonably believes the intruder may use physical force against any occupant.
- Heat of passion: While not a complete defense, evidence that an act was committed upon a sudden heat of passion caused by a serious and highly provoking act of the victim can reduce the classification of the offense — for example, from second-degree murder (Class 2 felony) to a Class 3 felony.
Challenging the Degree of the Charge
Prosecutors often overcharge — filing first-degree assault when the evidence supports only third-degree assault, or second-degree murder when the facts point to manslaughter. A skilled defense attorney examines the elements of each degree and holds the prosecution to its burden. The difference between a Class 3 felony and a Class 1 misdemeanor can be the difference between prison and probation.
Our Experience Defending Violent Crime Cases
Violent crime defense is not something we do occasionally. It is a significant part of our practice, and our attorneys’ trial records reflect that.
Jolie Masterson has tried 48 criminal cases over two decades, including 20 felony trials, and has won 18 acquittals. Her violent crime trial record is particularly notable: 19 assault trials and 10 weapons trials — a volume of trial experience in these charge types that is extraordinary for any defense attorney. Jolie spent seven years at the Colorado State Public Defender’s Office, now chairs the Criminal Justice Act Selection Committee (selecting attorneys for federal appointed cases), and is admitted to practice before the U.S. Supreme Court.
Jesse Hall has spent his entire career defending people accused of crimes. As a Deputy State Public Defender, he handled felony and homicide cases — experience that gave him deep fluency in the forensic and strategic demands these cases require. In private practice, he has secured a not-guilty verdict in a felony sexual assault trial, multiple favorable results in homicide cases, and suppression rulings that led to dismissed firearms charges. He has published on cell-tower tracking data and serves as the Cell-Tower Science Case Evaluator for the Office of Alternate Defense Counsel.
Both attorneys are on the Criminal Justice Act panel for the U.S. District Court for the District of Colorado, meaning they are trusted by the federal court itself to handle the most serious cases.
Related Case Results
Past results do not guarantee future outcomes. Every case is different. These results reflect the specific facts and circumstances of each case.
Felony Assault — Acquittal at Trial Client charged with felony assault following an altercation resulting in serious injuries. After thorough investigation and contested trial, the jury returned not guilty on all counts. (Jolie Masterson)
Menacing and Burglary — Substantially Reduced Sentencing Client faced felony menacing and burglary charges carrying significant prison exposure. Through strategic negotiation grounded in thorough evidence review and applicable mitigating factors, the defense secured a substantially reduced sentence. (Jesse Hall)
Weapons Possession — Evidence Suppressed, Case Dismissed Client was charged with felony firearms possession following a vehicle stop. A motion to suppress challenged the legality of the stop and subsequent search. The court granted the motion, critical evidence was excluded, and the prosecution dismissed all charges. (Jesse Hall)
Assault and Domestic Violence — [Placeholder for Additional Result] [To be updated with anonymized case outcome from Jolie or Jesse’s case history.]
View more outcomes on our Results page.
Frequently Asked Questions
What is the difference between first-, second-, and third-degree assault in Colorado?
The three degrees of assault reflect different levels of intent and harm. First-degree assault (C.R.S. § 18-3-202) requires intent to cause serious bodily injury using a deadly weapon — it is a Class 3 felony carrying 4 to 12 years in prison. Second-degree assault (§ 18-3-203) involves intentionally causing serious bodily injury without a deadly weapon, or specific circumstances like assaulting a peace officer; it is a Class 4 felony with 2 to 6 years. Third-degree assault (§ 18-3-204) covers knowingly or recklessly causing bodily injury and is a Class 1 misdemeanor. The degree charged often depends on how the prosecution characterizes the evidence — which is precisely where defense counsel makes a difference.
Can I claim self-defense against a violent crime charge in Colorado?
Yes. Under C.R.S. § 18-1-704, you are justified in using physical force — including deadly force in certain circumstances — to defend yourself or another person from what you reasonably believe to be the imminent use of unlawful physical force. Colorado imposes no duty to retreat. Self-defense is an affirmative defense — your attorney must present sufficient evidence to raise the issue, and then the prosecution must disprove it beyond a reasonable doubt.
What are mandatory minimum sentences for violent crimes in Colorado?
Colorado does not use “mandatory minimum” in the same way the federal system does, but the crime of violence statute (C.R.S. § 18-1.3-406) functions similarly. When a violent offense involves a deadly weapon or results in serious bodily injury, the judge must impose at least the midpoint of the presumptive range — no probation, no suspended sentence. For a Class 3 felony, the midpoint is 8 years. For a Class 2 felony, 16 years. The judge has no discretion to impose less.
What happens if I am charged with a violent crime and I have a prior record?
A prior record can significantly affect sentencing. Colorado’s habitual criminal statutes (C.R.S. § 18-1.3-801) allow enhanced sentences for defendants with prior felony convictions. Certain offenses — like possession of a weapon by a previous offender (§ 18-12-108) — exist specifically because of a prior record. An experienced defense attorney will evaluate whether prior convictions were properly obtained and whether any can be challenged.
Will a violent crime charge affect my immigration status?
Almost certainly. Most violent crime convictions are classified as “crimes involving moral turpitude” or “aggravated felonies” under federal immigration law — either can trigger deportation, inadmissibility, or bars to naturalization. If you are not a U.S. citizen, discuss immigration consequences with your defense attorney from the outset. We work with immigration counsel when these issues arise.
Should I talk to the police before hiring an attorney?
No. You have a constitutional right to remain silent and a right to counsel. Exercise both. Anything you say to law enforcement — even statements you believe are exculpatory — can be used against you. Contact a defense attorney before making any statements.
Contact Masterson Hall
If you are facing violent crime charges in Denver or anywhere in Colorado, contact Masterson Hall for a confidential consultation. The sooner we are involved, the more we can do to protect your rights and build your defense.
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