Criminal Law Questions? Ask a Criminal Lawyer.
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Hello again and thanks for writing back. I will be glad to comment further.
It sounds like this is a pretty minor charge. There are three criminal classifications of assault under Colorado law as well as the offense of menacing. Here are the actual applicable statutory provisions:
If a reasonable person would have felt it necessary to use force to avoid a danger of being hurt, and reasonable force was used, then there may be a viable self-defense argument. In other cases, the alleged assault may have been accidental, or the accuser may have misinterpreted the defendant's actions. The defense of property may even be a viable defense to a charge of assault. Finally, mitigating circumstances could help reduce his responsibility as well. The lack of physical marks is another factor in your husband's favor here.
The best course of action would be to speak with a local criminal defense attorney. For this type of charge, many will handle the matter on a flat fee, which can be less costly than hourly billing.
I hope this is of some more help and that everything works out appropriately.
Take care and thanks again for using JustAnswer®.
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