In some Assault cases in Fort Collins, CO, if the defense successfully raises the “heat of passion” defense, the charges can be substantially lowered. This partial defense is raised in cases when the defendant alleges that they assaulted another person because there was a “serious and highly provoking act” that resulted in the assault. If you have been charged with First Degree Assault or Second Degree Assault, don’t wait to contact a top criminal defense lawyer to represent you at the Larimer County Courts. Raising this defense could be a possibility in your case, but it can only be employed successfully with the representation of an experienced criminal defense lawyer.
What is the “Heat of Passion” Defense in Fort Collins?
In Fort Collins, the “heat of passion” defense is part of Colorado’s laws on Assault in the Second Degree, C.R.S. 18-3-203 and Assault in the First Degree, C.R.S. 18-3-202. Using the language from Colorado’s 1st Degree Assault law, the heat of passion defense can be raised when the assault is:
What is the Effect of the Heat of Passion Defense in Colorado?
Essentially, a successful heat of passion defense substantially lowers the charges against a defendant in Colorado. Assault in the First Degree is usually a class 3 felony and crime of violence, and Assault in the Second Degree is usually a class 4 or class 3 felony. If the heat of passion defense is raised, however, First Degree Assault is instead a class 5 felony, and Second Degree Assault is a class 6 felony. Successfully raising this defense does not negate the fact that the defendant committed the assault. However, it does mean that the defendant didn’t have the same malicious intent that would normally be present in these Assault cases.
What is Necessary to Successfully Raise the Heat of Passion Defense at the Larimer County Courts?
To successfully raise the heat of passion defense at the Larimer County Courts, the defense must demonstrate that:
- The circumstances leading up to the assault included a “serious and highly provoking act.”
- There was no interval between the provoking act and the assault for the “voice of reason and humanity to be heard.” In other words, you cannot raise this defense if a provoking act took place, you went home to think it over, and then you went back to beat up the victim.
- The defendant was a “reasonable person [excited by] an irresistible passion.” It is difficult, if not impossible, to successfully raise this defense if you have a history of getting into fights or provoking violence. This would demonstrate that you are not a reasonable person.
If you have been charged with 1st Degree Assault or 2nd Degree Assault and would like to raise the “heat of passion defense,” don’t wait to contact a top criminal defense lawyer to represent you. Representation by an experienced attorney is necessary to successfully raise this defense. Call us today, and we will help you protect your future at the Larimer County Justice Center.
Have you been charged with First Degree Assault or Second Degree Assault? Always be smart, and exercise your right to stay silent. The Fort Collins Police and Larimer County Sheriff are not on your side in your case. Then call 970-658-0007 to discuss your case with one of our top criminal defense lawyers from the O’Malley Law Office. Together, we can protect your future.
The location for the Larimer County Justice Center is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Ron Lach