Personal Injury and Criminal Defense Attorney Serving Gunnison, CO
Gunnison is my kind of place. I know it intimately, having graduated from Western (State) Colorado University in 1984. There is never any shortage of things to do – skiing in the winter and fishing in the Blue Mesa Reservoir or the Gunnison River are two of my favorite activities. Nevertheless, Gunnison’s relaxing atmosphere and small-town hospitality would make the town worth frequent visits even if it didn’t offer spectacular outdoor attractions.
There’s nothing relaxing about legal problems, however. Whether you have been injured by someone else’s carelessness or arrested for a crime, you have a lot at stake, and it’s not a good idea to try to “go it alone.” My name is Mark S. Rubinstein, and I aim to protect people like you. As a sole practitioner, I can focus intensely on my clients’ cases without distraction. At Mark S. Rubinstein, P.C., you are more than just a case number – you are a valued client whose interests are worth fighting for.
If you’re in need of legal assistance in Gunnison, look no further than Rubinstein Law Offices. Our team of dedicated attorneys has a wealth of experience in a variety of legal areas and is ready to help you navigate your legal issues. Contact us today to schedule a consultation and learn more about how we can assist you.
As a sole practitioner, I don’t practice “buffet-style” law – instead, I concentrate on the areas where my experience and expertise are most needed. Following are the areas of law that I focus on:
- Criminal defense: Including drug offenses, white-collar crimes, domestic violence, assault and battery, theft, shoplifting, sex offenses, traffic offenses, and violent crimes.
- DUI defense: Including Driving While Ability Impaired (DWAI) and Driving Under the Influence of Drugs (DUID).
- Personal injury: Including defective products, premises liability, construction accidents, insurance claims, and wrongful death.
- Motor vehicle accidents: Including car accidents, motorcycle accidents, pedestrian accidents, truck accidents, bicycle accidents, and boating accidents.
- White collar crimes: Including identity theft, embezzlement, money laundering, securities fraud, and corporate fraud.
White-collar crimes are typically (but not always) aimed at financial gain. These cases tend to be complex and require considerable expertise to resolve. Although the FBI frequently investigates white-collar crimes because they often involve federal offenses or multistate activity, the assistance of a Gunnison criminal defense attorney is crucial.
Embezzlement is one of the most common white-collar criminal charges and can take many forms. Prosecutors tend to take embezzlement cases very seriously because the defendant is accused of breach of trust. An embezzlement conviction can not only result in many years in prison, but it can also ruin your job prospects. Seek the assistance of an experienced Gunnison criminal defense attorney as soon as you discover that you are under investigation for embezzlement.
Gunnison Trespassing Charges
Colorado trespassing charges are extremely serious. Depending on the facts alleged by the police and your prior record, the State could bring a felony trespassing charge against you. You could spend up to three years in prison for this offense. A felony conviction also means that you will lose certain privileges, such as the right to vote, carry a firearm, and pursue many employment and educational opportunities.
Trespassing charges can be misdemeanors as well. A misdemeanor conviction carries up to one year in jail, a potential fine, and probation. A Gunnison trespassing defense attorney can explain your options and the best defense available for you.
As a Gunnison trespassing defense lawyer, my team with Mark S. Rubinstein, P.C., and I have over 24 years of dedicated service defending the rights of people facing charges in Colorado. You can trust me to thoroughly investigate your case and deliver the best possible defense for you.
Gunnison Assault and Battery Lawyer
Assault charges in Colorado are no joke. You could face first, second, or third-degree assault charges depending on the situation. First-degree assault is the most severe and could result in grave injury to the victim. Don’t leave your future to chance – contact a skilled Gunnison Assault attorney today.
What Is 1st-Degree Assault?
First-degree assault is the most serious form of assault in Colorado. First-degree assault occurs when:
- Someone intends to cause serious bodily injury to another and does so by using a deadly weapon;
- Someone intends to disfigure another permanently and seriously, or intends to destroy, amputate, or permanently disable a member or organ, and then does so; or
- Someone who manifests extreme indifference to human life engages in conduct that creates a grave risk of death and causes serious bodily injury to another.
A first-degree assault also happens when a person threatens a peace officer, firefighter, emergency medical provider, judge, an officer of the court, or corrections officer while using a deadly weapon with the intent to cause serious bodily injury. Finally, impeding or restricting the breathing or blood circulation of another by applying pressure to the neck, covering the nose or mouth, and causing serious injury is also first-degree assault.
Generally, a first-degree assault is a class 3 felony. However, the charge could become a class 5 felony if the assault occurred during the sudden heat of passion. Class 3 felonies carry between 4 and 12 years in prison and a fine of up to $750,000. Class 5 felonies carry between 1 and 3 years in prison with a fine of up to $100,000.
What Is 2nd-Degree Assault?
Second-degree assault occurs when someone intentionally or recklessly causes injury to another person with a deadly weapon.
The penalty for second-degree assault in Colorado is 2 to 16 years in prison and a fine of up to $500,000. Second-degree assault is a Class 4 felony, and any conviction will result in a felony criminal record.
What Is 3rd-Degree Assault?
Third-degree assault, while less severe than second-degree, can still lead to steep consequences. Third-degree assault is a Class 1 misdemeanor and consists of inflicting bodily injury on another person knowingly, recklessly, or with criminal negligence. Generally, third-degree assault is a scuffle that results in little to no injuries.
Class 1 misdemeanors are punishable by up to 364 days in jail. However, the penalty for third-degree assault in Colorado is greater than that because it is an extraordinary-risk crime. Upon conviction, you face 18 to 24 months in prison.
An assault charge can haunt you for years. Having a Gunnison criminal defense attorney on your side is crucial to protecting your rights and getting the best outcome possible.
Is Assault and Battery and Menacing the Same Thing?
No, they are not. Although battery and assault under Colorado law are synonymous, menacing is an act that attempts to or does place a person in fear of suffering imminent serious bodily harm. In other words, menacing is a crime that does not involve contact or inflicting harm on another.
As a highly experienced Gunnison assault and battery lawyer, I have handled many cases involving menacing. I’ve handled menacing instances where one person threw a punch at another and missed. I’ve also defended people charged with menacing because they threatened another, through words or actions, with physical harm.
Menacing is either a class 1 misdemeanor or a class 5 felony. You could serve up to 364 days in jail if convicted of a class 1 misdemeanor. However, you face 1 to 3 years in prison if convicted of a class 5 felony. The menacing charge is a class 5 felony if it involves a firearm, knife, bludgeon, or a simulated firearm, knife, or bludgeon.
Record Sealing & Expungements
The Colorado criminal justice system can seem unforgiving. Suppose, for example, that the police arrest you for an offense that you did not commit. Even if you win an acquittal, the record of your arrest could haunt you for decades to come. It is for this reason that various states, including Colorado, have enacted procedures to seal the records of certain actions taken by the criminal justice system.
Colorado law on the sealing of records differs, however, depending on which type of record you seek to seal. Records that may be sealed include:
- Conviction for possession of a controlled substance (drug possession);
- Conviction of “petty and municipal offenses” (running a stop sign, for example); or
- Charges of other criminal offenses that resulted in a dismissal, acquittal, diversion, etc. (not a conviction, guilty plea or plea bargain).
Although the rules are somewhat complex, if you qualify to have your records sealed you will typically have to wait several years (perhaps even a decade) for your eligibility to mature, and you will need to pay a fee.
How to Find a Good Criminal Defense Attorney
Look for someone with decades of real courtroom experience to fight for you. Someone like me, who has over 25 years battling in court as a Gunnison assault and battery lawyer, understands the best strategies for fighting assault charges in Colorado.
Many lawyers tout their experience fighting for their clients, but some rest on their laurels. Not me. I work tirelessly to protect my clients from potential harsh and unjust punishments and the possibility of facing life-altering consequences after a criminal conviction.
Contacting me right away is the best way to mount a defense that could help you avoid a conviction for assault or any crime, for that matter.
Frequently Asked Questions (FAQs)
Can I afford to press a personal injury claim?
It is likely that you can, even if you think you can’t. If I take your case as your Gunnison personal injury attorney, I will defer all attorney’s fees. This means that you will owe me nothing in attorney’s fees unless I, a Gunnison personal injury lawyer win your case, and any amount that you end up paying will be proportionate to the amount you receive as a verdict or settlement.
Can I win a car accident claim even if the accident was partly my fault?
It depends on your degree of fault. Under Colorado’s comparative fault principles, you can recover damages even for an accident that was partly your fault, as long as you were less than 50 percent at fault. If you were less than 50 percent at fault, a court will subtract from your recovery an amount equivalent to your percentage of fault. If you were 25 percent at fault, for example, the court will subtract 25 percent and award you the remaining 75 percent of your damages. If you were 51 percent or more at fault, however, you will recover nothing.
If I am pulled over for DUI, do I have the right to refuse a breathalyzer test?
Yes, you do under most circumstances, but there will be negative consequences if you do – even if you are eventually acquitted of DUI. If you refuse to take a breathalyzer test, your driver’s license will be suspended for 12 months (for a first offense), longer than it would be suspended for a first-offense DUI. Additionally, it is still possible for you to be convicted of DUI even without a breathalyzer test – in fact, the prosecution can use your refusal against you, by asserting that you refused the breathalyzer because you knew that you were intoxicated.
Should I settle my personal injury or vehicle accident case, or should I go to court?
The answer to that question depends on a lot of factors, including how stubborn the opposing party turns out to be. The good news is that in my 24 years of experience, I have worked with insurance companies as a defense lawyer. Consequently, I know their strategies inside and out and I can use this knowledge to help you obtain a generous settlement or, if necessary, win your case in court.
Call Our Gunnison Criminal Defense Attorney Today
After nearly 25 years of experience in the Colorado legal system, there isn’t much that can happen that I haven’t handled before. If you have been injured in an accident or arrested for a crime in Gunnison, or if you live or work there and your legal problems arose somewhere else, call me as soon as possible at (970) 641-3550, or contact me online. Either way, as a lawyer, I will be happy to schedule a free initial evaluation of your case.
I will be more than willing to meet you in Gunnison if you so require. Once I become your advocate, you can contact me anytime with questions or comments about your case – in fact, I will give you my personal cell phone number to make this as convenient as possible for you. Get help from a trusted Gunnison criminal defense lawyer today.
Gunnison, CO 81230