Proven Denver Criminal Defense Lawyer Ready To Fight For You
Additionally, a criminal conviction can restrict your right to bear arms, temporarily suspend your voting rights in certain states, or put your professional license in jeopardy. That is why consulting with a Denver criminal defense attorney is vital when the State charges you with a criminal offense.
Still, getting criminal charges levied against you is not the end of the road. The State still bears the burden of proving your guilt beyond a reasonable doubt before you can be convicted. The best way to ensure that you present a strong legal defense is by hiring a Denver criminal defense attorney to help with your case. My name is Mark Rubinstein, and I have extensive experience representing individuals facing many types of criminal charges.
Driving Under the Influence of Alcohol
Colorado drivers cannot operate a motor vehicle while under the influence of alcohol. If they do, they commit the crime of driving under the influence (DUI). Law enforcement will consider you “under the influence” if:
- You have a blood alcohol concentration (BAC) at or above .08%; or
- Your ability to operate a vehicle is substantially impaired by alcohol.
Even if your BAC is below .08%, you can still face charges for driving while ability impaired (DWAI). A first-time DUI can result in up to a year in jail and a fine of up to $1,000. These penalties increase if you have previous DUI convictions on your record.
In addition to the criminal penalties associated with a DUI, you can also lose your driver’s license for an extended period of time. In certain DUI convictions, the judge will require you to install an ignition interlock device in your vehicle for up to two years. An ignition interlock device is a breathalyzer device that connects to your vehicle and will not let you start your car until you provide a clean breath sample. In combination with the annoyance of having to use this device, you also have to pay the associated maintenance and rental fees—which can be costly.
Driving Under the Influence of Drugs
Colorado also prohibits driving while under the influence of drugs. This can mean legal drugs like prescription medication and recreational marijuana or controlled substances that are illegal to possess. Controlled substances in Colorado include:
- Cocaine,
- Ecstasy,
- Methamphetamine,
- Heroin,
- LSD,
- Hydrocodone, or
- MDMA.
These penalties are the same as the penalties for driving under the influence of alcohol. As a general matter, cases involving controlled substances are treated more seriously than cases involving legal substances like alcohol or marijuana.
Traffic Charges
While traffic violations typically result in minor penalties, they can lead to enhanced consequences down the road. Each traffic infraction receives an assigned point value. If a driver in Colorado accumulates 12 driving points within 12 months or 18 points within 24 months, the DMV can suspend their driver’s license.
Losing your driver’s license can cause unnecessary hardship when you are trying to get to work or attend school. Instead of just paying the fine and accepting the result, contact a criminal defense attorney to determine if you have any other alternatives.
If you are concerned about the number of points on your driving record, contact a Denver criminal defense lawyer today.
Theft Crimes
Theft and shoplifting convictions can carry severe criminal penalties. Additionally, theft convictions often carry an added stigma compared to other criminal violations. After all, many people hesitate to hire or do business with someone who has a history of stealing.
Theft involves taking something that belongs to someone else. That can include taking someone’s money or taking a piece of personal property. The charges that arise from different forms of theft include:
- Shoplifting,
- Larceny,
- Burglary,
- Robbery, and
- Theft of a motor vehicle.
Penalties for different types of theft can range from a minor fine of $250 to a prison sentence of 12 years and a hefty fine of $750,000. The penalties increase based on the value of the item or item stolen.
There are several legal defenses that apply to theft charges, such as:
- You were the owner of the property you are accused of stealing;
- You did not have the necessary intent to commit the charged crime; or
- The value of the item is lower than the prosecution alleges.
Contact a Denver criminal defense attorney today to discuss whether one of these defenses applies to your case.
White-Collar Crimes
White-collar crime typically refers to criminal violations committed in the context of someone’s employment, usually in a white-collar job industry. White-collar crime is often committed by a person in a position of trust or power within a company. If they abuse their position for their own benefit, they could face charges. Common white-collar crimes include:
- Embezzlement,
- Fraud,
- Pyramid schemes,
- Extortion,
- Money laundering,
- Tax evasion,
- Real estate fraud, and
- Racketeering.
Embezzlement occurs when a person in a position of trust misappropriates client or business funds for their own use. Fraud involves the distribution of false or misleading information with the intention of taking someone else’s money. These types of accusations can result in severe criminal penalties as well as cause irreparable harm to your reputation. A conviction for a white-collar crime will make it nearly impossible to secure a similar job in the future.
Assault Crimes
Assault charges can arise in a variety of situations. Sometimes a verbal argument can get physical, causing police to respond and arrest someone for assault. No matter the circumstances, you should always take assault charges seriously.
Assault occurs when someone commits a reckless, negligent, or intentional act that injures another person.
Assault in Colorado can be charged at varying degrees depending on the circumstances of the crime. The only real difference between first and second-degree assault is that first-degree results in severe or grave bodily injury to the victim.
What Is 2nd-Degree Assault?
In Colorado, second-degree assault is intentionally or recklessly causing injury to another person with a deadly weapon. Usually, the victim will have minor or moderately serious injuries.
The penalty for second-degree assault in Colorado is harsh. Second-degree assault is considered a Class 4 felony and is punishable by 2 to 16 years in prison. The court could also order you to pay a fine of up to $500,000.
What Is 3rd-Degree Assault?
Colorado law makes third-degree assault a Class 1 misdemeanor offense. You can be charged with third-degree assault if you knowingly, recklessly, or with criminal negligence inflict bodily injury to another individual. Third-degree assault typically results in very minor to no apparent physical injuries to the victim. A classic example of when third-degree assault could be charged is during a verbal altercation that escalates to one individual placing their hands on the other—usually, a push or a shove that leaves no apparent injuries.
Even though it is categorized as a Class 1 misdemeanor, the penalty for third-degree assault in Colorado is heightened compared to other Class 1 misdemeanors. The reason for this is that assault is considered an “extraordinary risk” crime. The classification increases the penalty from 364 days in jail to 18 to 24 months behind bars.
Of course, a conviction for either will result in a criminal record.
The degree of assault depends on whether a weapon was used during the act and the intent of the assaulting party. Battery charges, on the other hand, typically involve threats that place someone in fear of imminent harm.
If you are facing criminal charges in Colorado, you should consult with a criminal defense lawyer right away. Contact Mark S. Rubinstein, P.C., today to discuss your case. You can contact our law offices online or call me at 970-704-0888 (1-855-704-0888 toll-free). I am dedicated to making myself accessible to my clients by phone or e-mail. I can also travel to meet you, if necessary.
Domestic Violence
Law enforcement officers and prosecutors treat domestic violence charges very seriously. That means that you should too. In Colorado, there are no specific statutes that criminalize domestic violence. Instead, any criminal violation that involves intimate partners qualifies for a domestic violence enhancement. In Colorado, an “intimate relationship” includes relationships between:
- Formerly or currently married spouses,
- Individuals who share children, and
- A former or current romantic partner.
In addition to the penalty for the underlying criminal violation, Colorado imposes penalties specific to defendants convicted of committing domestic violence. First, the defendant must complete a treatment evaluation and program that complies with the standards adopted by the domestic violence offender management board. Additionally, the court can order the defendant to complete the treatment evaluation prior to sentencing.
If you are facing criminal charges with a domestic violence enhancement, contact our office as soon as possible. In such cases, the victim often pursues an order of protection. I can help you prepare for the hearings concerning this petition. I will thoroughly investigate the circumstances that led to your arrest and ensure that your rights were not violated during the process. At every stage, I will work to have charges dismissed or penalties reduced.
Contact a Denver Criminal Defense Lawyer at Mark S. Rubinstein, P.C.
The prosecution bears the burden of proving your guilt beyond a reasonable doubt. However, juries sometimes believe the prosecution’s theory of the case, even if reasonable doubt exists. Navigating this process by yourself is often complex and frustrating. You could miss critical steps or deadlines and put your future attorney at a disadvantage. A criminal defense attorney can help craft a legal strategy that emphasizes the doubt in your case. Overworked public defenders have far too many cases to address each one in its entirety. At Mark S. Rubinstein, P.C., you are more than a case number—you are a valued client whose freedom and reputation are worth fighting for.
My vast experience representing individuals accused of crimes allows me to handle a wide variety of different cases. I understand the nuances of the Western Colorado court systems, and I have worked with the local prosecutors on many occasions. In our office, you will find compassion, legal insight, and honest advice. If you cannot come to my office, I will be happy to meet you at the place of your choosing. I will even give you my personal cell phone number. Hiring a criminal defense lawyer might be the most important choice you ever make. Make the right one. Contact Mark S. Rubinstein, P.C. today.