Criminal Law - Violent Crimes

  • Violent Crimes

    Violent crimes are some of the more serious types of offenses and can often carry lengthy prison sentences. At Aviso Law, we understand the importance of a thorough defense against violent crime charges. Our attorneys are experts on criminal law and violent crimes, and we have the experience, skill and client-focused approach needed to help you fight violent crime charges and reach the best possible outcome.

    Violent crimes can include a wide variety of offenses such as murder, attempted murder, burglary, kidnapping and child abuse. Litigating these types of cases can be extremely complex due to the modern-day uses of DNA evidence, digital evidence, autopsies and forensic firearms evidence. Litigating a violent crime can also be challenging for defendants because jurors are often persuaded by a victim’s injuries and graphic photographs. For this reason, it is important to be represented by attorneys who have the experience and expertise successfully and aggressively defending against these types of charges.

    We have experience representing individuals in some of the nation’s largest and most high-profile cases. Having represented individuals such as Nidal Hasan, who was charged with murdering 13 people in the 2009 Fort Hood shooting, and Robert Bales (in post-trial matters) who was charged with murdering 16 Afghan civilians in 2012, our attorneys at Aviso Law have experience representing clients in even the most difficult circumstances.

  • First Degree (Capital) Murder

    First degree murder, otherwise known as capital murder, is the most serious of all offenses. The sentence for first-degree murder is death or life in prison. With a requirement that the murder be premeditated and that either more than one person be murdered, a child be murdered, a law enforcement offer be murdered or the killing be an act of terrorism, first degree murder often only involves the most heinous offenses.

    Though the average criminal defense attorney has never worked on a capital murder case, we at Aviso Law have represented multiple clients in capital cases and at various stages in the litigation.

  • Second Degree Murder

    Second-degree murder is where a person knowingly kills another person. Typically, the sentence range for a person convicted of second-degree murder is 8 to 24 years; however, in some circumstances the sentence can be up to 48 years.

    Given the length of the potential sentence, it is important for those who are charged with second-degree murder to be represented by a team of attorneys who are experienced with murder cases. This is because cases can often be highly technical and include a large amount of scientific evidence. For this reason, attorneys defending against charges of second degree murder must not only be experts on the law, they must also be capable of litigating the highly technical and scientific nature of a murder trial.

    Our team has not only represented clients charged with murder in some of the nation’s largest cases, but we have also worked as prosecutors on murder cases. For this reason, we at Aviso Law are experts with a wide variety of defenses to murder charges and we have vast experience with the technical and scientific aspects of a murder case. With this background, the Colorado criminal defense lawyers at Aviso Law seek to aggressively represent clients facing second-degree murder charges.

  • Manslaughter

    In Colorado, a person typically commits manslaughter when they recklessly cause the death of another person. A person can also commit manslaughter when they help another person commit suicide. In addition to these two types of manslaughter, the crime of vehicular manslaughter is when a person is killed as a result of reckless driving.

    Unlike murder, which requires a heightened mental state such as intent or premeditation, manslaughter only requires a person to act “recklessly.” Whether a person acted “recklessly” when causing another person’s death is a question that the jury will ultimately have to answer, and for this reason, it is important to be represented by trial lawyers who have experience with manslaughter cases and can convince a jury that the death was not caused by a reckless act.

    Because manslaughter is a less severe type of murder charge, it is a class 4 felony, meaning that any conviction could include a prison sentence between 2 and 6 years.

    The attorneys at Aviso Law are not only some of the most experienced trial lawyers in Colorado, we are also experienced with charges involving manslaughter and have the expertise to defend against those charges during both the pretrial phase of a case and at trial. With our aggressive, yet personalized approach toward representing clients, the lawyers at Aviso law seek to obtain the best possible results for their clients.

  • Attempted Murder

    A person commits attempted murder when they intend to commit murder, but fail to actually do so. Attempted murder can vary in regard to the severity of the offense. The difference in severity of an attempted murder usually hinges on whether the attempted murder was premeditated. If the attempted murder was premeditated, it can be a first-degree attempted murder, which carries a longer sentence. If the attempted murder was not premeditated, then it will be a second-degree attempted murder, meaning it will carry a slightly shorter sentence.

    The crime of attempted murder is broken into two parts, both of which are highly technical. The first is the act of trying to kill somebody. In order to commit attempted murder, the act must be more than simply thinking about killing another person. Colorado courts typically require that the defendant take direct or substantial steps toward killing another person.

    The second part of attempted murder is the mental state. Attempted murder requires the “specific intent” to commit murder. This means that if the act was an accident or not for the specific purposes of killing, then it is likely that there was not the “specific intent” to commit murder. This can be a difficult thing for the prosecution to prove, and because of this it is important to be represented by a skilled attorney who can create reasonable doubt about whether there was the specific intent to commit murder.

    As some of the best trial lawyers in Colorado, the attorneys at Aviso Law have vast experience representing individuals charged with attempted murder. With the ability to consider the unique circumstances of every case for the purposes of attacking the two-pronged attempted murder charge, we seek to obtain the best results for your individual situation.

  • Burglary

    Burglary can generally be described as the unlawful entering of a building with the intent to commit a crime inside. Like many crimes, burglary in Colorado is broken down into three different types: first, second and third degree burglary.

    First-degree burglary is frequently charged when a person enters a building with the threat to use weapons and assaults or uses a weapon against somebody inside. First-degree burglary can also occur when an individual enters the residence of someone that has a restraining order against the burglar. First-degree burglary is the most severe type of burglary and is a class 3 felony.

    Second-degree burglary involves entering a building with the intent to commit a crime inside. Because of this, prosecutors must prove that the defendant intended to commit a crime inside the building they were entering. Second degree burglary is typically a class 4 felony, however, if the individual was unlawfully entering the building with the purposes of stealing drugs inside, the crime is raised to a class 3 felony in an attempt to deter drug related crimes.

    Third degree burglary is a slightly less severe crime and involves unlawfully entering into a safe, cash register, vault or similar piece of equipment. Third degree burglary is a class 5 felony, but it is raised to a class 4 felony if the purpose of breaking into the container was to steal drugs.

    Regardless of whether an individual is charged with first, second or third degree burglary, it’s vital to their case to be represented by an experienced attorney familiar with burglary. Due to the requirement of intent, an experienced attorney can often create a strong defense based upon this element. The attorneys at Aviso Law have represented numerous individuals charged with burglary and achieved successful results. As knowledgeable burglary defense lawyers, we seek to aggressively advocate for our clients’ best interests.

  • Kidnapping

    Kidnapping is defined as when a person moves another person from one place to another by use of force or threat without the person’s permission or for the purposes of obtaining something in exchange for the kidnapped person. Kidnapping in Colorado is usually broken down into first and second degree.

    First degree kidnapping involves the use of force and can be a class 1 felony if the victim is injured during the process. The maximum sentence in this instance is life in prison or the death penalty if the kidnapped person is killed. First degree kidnapping can be a class 2 felony if the person taken is released unharmed.

    Second degree kidnapping occurs when a person is taken from one place to another without their consent or if a child is taken for the purposes of obtaining something from the child’s parent(s). If the threat of force by a deadly weapon is used in a second degree kidnapping, it can be a class 3 felony. If the kidnapped person is sexually assaulted, it can be a class 2 felony. Under most circumstances, second degree kidnapping is a class 4 felony.

    Prosecutors often take kidnapping cases to trial and frequently do not offer generous plea bargains for kidnapping charges, which adds to the complexity of such cases. Due to the seriousness of being charged with kidnapping, and potentially long prison sentence, it is important for those charged with kidnapping to be represented by experienced and savvy attorneys.

    The attorneys at Aviso Law are not only experienced criminal defense attorneys; they are also highly skilled trial attorneys who can aggressively litigate on their clients’ behalf at all phases of the proceeding. With their experience on some of the nation’s most complex and high profile cases, the attorneys at Aviso Law seek to obtain the best possible results for clients charged with kidnapping.

  • Child Abuse

    Child abuse cases can be extremely complex. This is because the Colorado child abuse laws do not specify precisely what child abuse is. Instead, Colorado laws look at the harm or potential harm to the child and the mental state of the person who allegedly committed the offense. Because of the overly inclusive nature of Colorado child abuse laws, it is not unusual for people to have differing opinions on whether the same act was child abuse.

    Due to the wide array of acts that could be considered child abuse, it is important for those charged with child abuse to hire an attorney who can help them understand the complex charge and who have experience litigating cases involving children, especially if you expect a child to testify in your case. While many lawyers in Colorado hold themselves out to be experts in this type of case, few have taken these cases all the way through trial.

    The attorneys at Aviso Law have substantial experience litigating child abuse cases and taking these types of cases through trial. We seek to aggressively defend clients charged with child abuse while keeping in mind the sensitive nature of such cases.