Q: Why am I charged with assault for self-defense in Colorado?

A: In Colorado, you can be charged with Assault in the Third Degree if you knowingly or recklessly cause bodily injury, even in situations where you claim self-defense. The police may have relied on the off-duty officer’s statement as more credible, especially if they believed your use of force exceeded what was reasonably necessary to stop the threat. But that doesn't mean you are guilty. Under Colorado law, self-defense is an affirmative defense that can justify your actions if you reasonably believed force was needed to protect yourself. Just because you were charged, does not mean you will be convicted. You should hire a defense attorney immediately, gather your video and witness evidence, and work with him or her to assert that self-defense claim in the courts.

A: You’re being charged because prosecutors have discretion to file assault charges even when you claim self‑defense, and they may believe the force you used wasn’t legally justified under Colorado’s defense‑of‑person statutes.

To contest this, your first step is to hire a criminal defense attorney who can file a motion to dismiss or suppress based on the video and witness statements showing you were the initial victim. Your lawyer can argue that you reasonably believed you were in danger and that shoving was proportionate to retreat from harm.

If the court allows the case to proceed, you’ll present your evidence at a preliminary hearing and ask the judge to drop or reduce the charge before trial. Be prepared to show medical records of your scratches and any expert testimony on defensive tactics, proving your actions met the requirements for lawful self‑defense in Colorado.

By challenging the credibility of the off‑duty officer’s statement and emphasizing the consistency of your video and witnesses, you increase your chance of having the assault charge dismissed or downgraded.