Legal Question in Criminal Law in Colorado

Im being charged with a 3rd degree assault i got in a fight in school. She had been bothering me (brushing shoulder, her bf threatining me) the thing is i won because i am taller and bigger. I didn't start she pulled my hair and i hit her head against the wall causing a 3in wound. She is about to turn 18 this month im going to be 16 in 2 months. How should i plead? What can i do to prove im not guilty?


Asked on 10/22/12, 10:47 pm

1 Answer from Attorneys
Damon Cassens Waters, Kubik, and Cassens

First off, it is up to the state to prove you guilty, not up to you to prove your innocence.

As to how you plead, frankly, that depends on what the DA has to offer. Your record and the facts of the incident will influence negotiations.

That being said, if you do not wish to entertain plea offers, or if the DA makes a bad one, plead not guilty.

From a practical standpoint, you need to gather statements from witnesses (and the fewer that are from friends and cronies the better) that give a clear view of what happened. Given that the other party started the physical actions by hair pulling, you possess a valid self defense claim. Colorado law allows you to use the amount of force you feel reasonably necessary to stop the use of force against yourself.

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Answered on 10/23/12, 5:44 am


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