Recent Case Results from the Law Office of Steven Rodemer
At the Law Office of Steven Rodemer, we take pride in not only understanding the law but also applying it effectively in real-life situations. As a criminal defense attorney near you in Colorado Springs, we’ve handled numerous assault cases—from second degree assaults in domestic violence scenarios to first degree assaults involving deadly weapons. Below we share a few case examples from our office, showcasing how we’ve successfully navigated various assault charges. These examples demonstrate the importance of strong legal defense and how we can help our clients avoid harsh penalties or even get their cases dismissed.
Case Study 1: Domestic Violence Strangulation Charge
Background: One of the more common charges we handle involves domestic violence strangulation. In this case, our client was arrested for second degree assault following an argument with their partner. The alleged victim claimed that our client choked them during the argument, leading to an arrest for strangulation under the second degree assault statute. Our client asserted that they merely shoved their partner away and pushed on their upper chest area to restrain them and keep them from hurting our client.
Challenge: The key challenge in this case was proving that the strangulation didn’t result in serious bodily injury. Strangulation, by nature, is considered a high-risk crime due to its potential for lethality, and it often leads to felony charges. However, in this case, there was no medical evidence showing that the victim had lost consciousness or suffered any long-term damage. The alleged victim also claimed they could still breathe during the incident, which was key to our defense.
Defense Strategy: We focused on the lack of restriction in breathing. The victim testified that they could breathe throughout the encounter and did not lose consciousness, which is critical in substantiating a strangulation charge. We also argued that there was no intent to cause harm, as our client was trying to subdue the victim and protect themselves during an emotionally charged confrontation.
Outcome: This case was ultimately dismissed. By demonstrating that there was no serious bodily injury and highlighting the inconsistencies in the victim’s testimony, we were able to prevent a felony conviction and avoid a prison sentence for our client.
Case Study 2: Bar Fight and Second Degree Assault
Background: In another case, our client was involved in a bar fight where tensions escalated quickly. After a heated exchange, our client punched the other party, breaking their nose and causing a significant injury. The victim filed charges for second degree assault, claiming that our client intentionally caused harm.
Challenge: The challenge here was determining who was responsible for the injury and whether the assault was intentional or reckless. In a bar fight scenario, it’s common for both parties to be at fault, so we had to prove that our client acted in self-defense or that the injury was not as severe as claimed.
Defense Strategy: We gathered witness statements and obtained video footage from the bar’s security cameras, which showed that our client was provoked. The footage demonstrated that the victim had instigated the fight by throwing the first punch. We also highlighted that our client had a reasonable belief that they were in danger, allowing us to argue self-defense. Additionally, we questioned the severity of the injury, showing that it was not as serious as the victim claimed.
Outcome: Our defense strategy led to a reduced charge. The prosecution agreed to lower the charge from second degree assault to a misdemeanor, and our client was given a deferred sentence. This meant that, assuming they met the terms of the agreement, the case would be dismissed without a permanent conviction.
Case Study 3: Struggling During an Arrest
Background: In this case, our client was pulled over for a DUI and was subsequently arrested. During the arrest, they struggled with the officers, and one officer fell and was injured in the process. The officer filed a report claiming that our client had intentionally caused harm, leading to a second degree assault charge for injuring an officer.
Challenge: The difficulty here was proving that the injury to the officer wasn’t intentional. Resisting arrest can often result in injury, but it’s not always classified as assault unless the injury was caused by intentional force.
Defense Strategy: We argued that the injury to the officer was accidental and resulted from the natural chaos of resisting arrest. Our team conducted an extensive review of the police reports and bodycam footage, showing that our client was reacting to the situation and did not intend to cause harm to the officer. We also pointed out that the officer was not seriously injured, which would have supported a lesser charge.
Outcome: The prosecution ultimately dropped the assault charge after our defense demonstrated that the injury was unintentional and not severe. Our client was only charged with resisting arrest, a misdemeanor, and avoided a felony conviction.
Case Study 4: Assault at an Intramural Football Game
Background: Our client was involved in an intramural football game where tensions ran high after repeated provocations from an opposing player. Eventually, our client “cold-clocked” the other player, causing an orbital bone fracture. The victim filed charges for second degree assault.
Challenge: The key challenge here was that the injury was serious, and it was clear that our client had intentionally struck the opponent. However, we needed to demonstrate that the assault occurred during the heat of the moment and that it wasn’t premeditated.
Defense Strategy: We argued that the assault was a result of provocation and heat of passion. Our client had been repeatedly tripped and taunted during the game, which led to the outburst. We used the context of the game and the emotional buildup to show that the assault wasn’t premeditated, but rather a response to frustration. Additionally, we emphasized that this was an intramural game where some level of physical contact is expected.
Outcome: Despite the serious injury, we were able to negotiate a diversion program for our client. The case was ultimately dismissed after they completed the terms of the diversion.
Case Study 5: The Struggling Soccer Coach and Knife Incident
Background: In a heated adult soccer match, a coach got involved in a physical altercation with another participant. During the fight, the coach pulled out a knife, leading to charges of attempted assault. The opponent claimed that the coach attempted to stab them, but there was no actual injury.
Challenge: The primary challenge was that the situation could have easily been perceived as self-defense by the coach. However, because the knife was used, the charge escalated to attempted assault in the first degree.
Defense Strategy: We focused on the self-defense claim, arguing that the coach had been provoked and that the knife was only drawn to protect themselves from an escalating threat. The defense was further supported by witness testimony, the fact that all individuals involved were actually armed with knives, and the fact that no physical harm was actually done.
Outcome: After presenting a strong self-defense argument and demonstrating that the knife had not been used with malicious intent, we were able to have the charges reduced and the case dismissed.
The Importance of Experienced Legal Defense Near You
At the Law Office of Steven Rodemer, we understand that every case is unique. Whether it’s a domestic violence charge, a bar fight, or an incident involving self-defense, our goal is to ensure that our clients receive the best possible outcome. In each of the cases mentioned above, we took the time to carefully examine the evidence, interview witnesses, and develop a defense strategy that fit the circumstances.
If you find yourself facing assault charges in Colorado Springs or the surrounding area, don’t hesitate to contact the first and second degree assault lawyers here at Rodemer | Kane. With years of experience and a proven track record, we are dedicated to protecting your rights and ensuring that your case is handled with the utmost care and expertise. Book your free case consultation today!
More Criminal Case Results in Colorado
13CR649* VEHICULAR HOMICIDE
The client was charged with vehicular homicide, vehicular assault, DUI, and DUI per se, all felonies in the Colorado Springs area. Jury Verdict found NOT GUILTY all counts. He was initially facing a 12-18 year prison sentence.
15CR129* ATTEMPTED MURDER
Client charged with Attempted Murder and First Degree Assault, as well as a domestic violence sentencing enhancer. After a week-long jury trial, verdict: NOT GUILTY of all counts.
12CR363* VEHICULAR HOMICIDE
The client was charged with 2 counts of vehicular homicide, 2 counts of vehicular assault, DUI and reckless driving. Following a lengthy jury trial including complicated expert testimony by toxicologists, numerous accident reconstructionists and medical doctors, my client was found NOT GUILTY of all charges by an El Paso County Jury.
13CR110* SECOND DEGREE ASSAULT, ROBBERY, DOMESTIC VIOLENCE
I was hired in this case to represent a client accused of Second Degree Assault, Robbery, Domestic Violence and Harassment. With the exception of the Harassment charges, everything else was a very serious felony. After many months of protracted litigation and our own independent investigation, the District Attorney dismissed the case in its entirety on the morning of the first day of trial.
16CR440* SECOND DEGREE ASSAULT, ILLEGAL DISCHARGE OF A FIREARM, PROHIBITED USE OF A WEAPON
Client charged with Second Degree Assault, Illegal Discharge of a Firearm, and Prohibited Use of a Weapon, for a shooting at a house party. Despite a videotaped confession, an El Paso County Jury found my client, NOT GUILTY of all charges.
17M777* THIRD DEGREE ASSAULT, HARASSMENT, DOMESTIC VIOLENCE
The client was charged with Third Degree Assault, Harassment, and Domestic Violence. An El Paso County Jury found my client NOT GUILTY of all charges.
16CR287* VEHICULAR ASSAULT, DRIVING UNDER THE INFLUENCE, PROHIBITED USE OF A WEAPON
Client charged with Vehicular Assault, Driving Under the Influence, Prohibited Use of a Weapon. Following a week-long Jury trial, my client was found NOT GUILT of all charges.
15CR300* PROMOTING OBSCENITY, INDECENT EXPOSURE (2 COUNTS)
The client was charged with Promoting Obscenity and two counts of Indecent Exposure. Following a week-long Jury trial, the client was found NOT GUILTY of all charges.