Were You Arrested for Serious Bodily Injury in Colorado?
If law enforcement has charged you or someone you care about with causing serious bodily injury (SBI) in Boulder, the Dawson Law Office can help you figure out what to do next.
SBI penalties include lengthy prison sentences, substantial fines, and a permanent criminal record that can impact your life for years to come.
Our Boulder serious bodily injury lawyers fight for your constitutional rights and assert compelling defense arguments to get the serious bodily injury charges against you reduced, diverted, or dropped.
What is Serious Bodily Injury Under Colorado Law?
Under Colorado law (CRS 18-1-901(3)(p)), serious bodily injury is defined as an injury that, either at the time of the incident or at a later point, involves:
- Substantial risk of death.
- Substantial risk of serious permanent disfigurement.
- Substantial risk of protracted loss or impairment of the function of any part or organ of the body.
- A penetrating knife or gunshot wound
- Breaks, fractures, or burns of the second or third degree.
Enhanced crime
SBI is distinguished from other assault and injury crimes by the severity of the harm caused to the victim.
Some examples of charges that may involve serious bodily injury include:
- First-degree assault (CRS 18-3-202), if the accused used a deadly weapon or if the assault resulted in serious harm.
- Second-degree assault (CRS 18-3-203).
- Vehicular assault (CRS 18-3-205).
To prove an SBI charge, Colorado prosecutors must demonstrate that the defendant acted with the intent to cause serious bodily injury or with reckless disregard for the consequences of their actions.
This rule means that even if the defendant did not specifically intend to cause SBI, the state can still convict if the person acted recklessly in a way that a reasonable person would not have acted under the same circumstances.
Severe Penalties Exist for Serious Bodily Injury Convictions
A conviction for an offense involving serious bodily injury carries some of the harshest penalties in Colorado’s criminal justice system.
Depending on the specific charge and the circumstances of the case, a person convicted of an SBI offense may face:
- Lengthy prison sentences, ranging from several years to several decades (up to 32 years for first-degree assault).
- Substantial fines, which can reach as high as $750,000.
- A permanent criminal record that can make it challenging to find employment, housing, and other opportunities.
- The loss of certain rights and privileges, such as the right to possess firearms.
- Mandatory parole periods after release from prison.
Aggravated SBI Charges
In addition to these already severe penalties, certain factors can further enhance the consequences of an SBI conviction.
These aggravating factors may include:
- Use of a deadly weapon in the commission of the offense.
- Presence of domestic violence in the incident.
- Infliction of particularly catastrophic or permanent injuries on the victim.
- Defendant’s prior criminal history.
With so much at stake, let a skilled and experienced Boulder criminal defense lawyer from the Dawson Law Firm who understands Colorado’s SBI laws build a strong defense for you to impact the outcome of your case.
Defending Against Serious Bodily Injury Charges in Boulder
Just because the state has charged you with causing serious bodily injury does not mean that a conviction is on the horizon.
Depending on your case’s unique facts and circumstances, your Boulder SBI defense attorney may assert several defenses on your behalf.
Self-defense or defense of others
If you caused serious bodily injury to another person because you reasonably believed it was necessary to protect yourself or someone else from imminent harm, you may have a valid self-defense claim.
Accident or lack of intent
If the injury occurred as the result of an accident or if you did not intend to cause serious bodily injury, this defense is available for you.
False allegations or mistaken identity
In some cases, law enforcement may base SBI charges on false accusations or a case of mistaken identity. A thorough investigation by your defense attorney can help uncover evidence to support this defense.
Challenging the severity of the injury
When the alleged victim’s injuries sustained do not meet the legal definition of “serious bodily injury,” your attorney may have the charges reduced or dismissed.
Investigation and negotiation
The Dawson Law Firm proactively and aggressively defends serious bodily injury allegations by thoroughly investigating your case’s facts and forensic evidence and interviewing witnesses to build the most robust possible defense on your behalf.
Our team also negotiates aggressively with prosecutors to have charges reduced or dismissed, and if your case goes to trial, we’ll present a compelling case to fight for your acquittal.
How Intent in Serious Bodily Injury Cases Works
Intent (mens rea) plays a fundamental role in determining the severity of Colorado assault charges and the potential penalties a defendant may face.
In SBI cases, prosecutors must prove that the defendant acted with the intent (willfully) to cause serious harm to the victim. Or acted with reckless disregard (wantonly) for the consequences of their actions.
First-degree intent
SBI Defendants may face charges of first-degree assault, which carries the most severe penalties if the prosecution can demonstrate that the accused had the specific state of mind to cause serious bodily injury.
Second-degree SBI
This intent appears in cases where the defendant did not want to cause an SBI but still acted recklessly, showing a complete disregard for the risk of causing such harm.
Negligent SBI Intent
Even when a defendant carelessly (mistakenly) caused serious bodily injury, the state can still convict the person of an SBI offense if their actions did not meet a reasonable person standard and resulted in severe harm to the victim.
The Dawson Law Firm carefully examines the state’s mens rea evidence in your case to determine whether the prosecution can prove the necessary level of intent and build a defense strategy around weaknesses.
The Importance of Hiring the Right Boulder Serious Bodily Injury Defense Lawyer
When you face serious bodily injury charges in Boulder, the attorney you choose to represent you can profoundly impact the outcome of your case.
Below are a few ways a seasoned Boulder criminal defense lawyer can help.
Give you a thorough case assessment and unique defense strategy
Every SBI case is different. So, your attorney should take the time to carefully review the evidence and craft a defense strategy tailored to the facts.
Negotiate with prosecutors
Sometimes, it may be possible to negotiate with prosecutors to have your SBI charges dismissed or reduced to a plea agreement that minimizes the potential penalties you’re facing.
Presenting a solid case at trial
If your case goes to trial, your attorney will advocate for you in the courtroom, present evidence and arguments on your behalf, and try to achieve a favorable verdict.
Guide you through the legal process.
Facing criminal charges is always confusing and stressful. The Dawson Law Offices guides you through every step of the criminal justice process and protects your rights along the way.
Contact a Boulder Serious Bodily Injury Defense Lawyer Today
The Dawson Law Office has years of experience successfully defending clients against SBI charges in Boulder and throughout Colorado.
We leave no stone unturned in our investigations and understand the stress and uncertainty you’re feeling while facing these criminal charges.
To learn more about how we can help with your serious bodily injury case, contact us today to schedule a consultation.
We’ll listen to your story, answer your questions, and give you an honest assessment of your legal options.
Don’t face these serious charges alone – let us help you today.
