Monument Assault Defense Lawyer

Are you looking for an assault defense lawyer in Monument, CO?

At Christian A. Schwaner, P.C., we provide assault defense representation guided by over 20 years of experience in Monument and the surrounding area.

Second-degree and first-degree assault are felonies in Colorado. Even a misdemeanor conviction can affect employment, firearm rights, and immigration status. Christian Schwaner is a Monument, CO assault defense lawyer who has defended adults and juveniles across El Paso and Teller Counties for over 20 years. We offer free criminal defense consultations.

Assault Defense Lawyer Monument, CO

Assault under Colorado law covers conduct that causes bodily injury to another person or places someone in fear of imminent serious injury. The state divides assault into three degrees, plus a separate offense called menacing.

An assault defense attorney reviews the state’s evidence, examines the alleged victim’s account for inconsistencies, and evaluates whether affirmative defenses apply. A Monument assault defense attorney also weighs the fallout that follows a conviction. Protection orders, firearm restrictions, and mandatory sentence enhancements can attach to the underlying charge, sometimes before the case has even been resolved.

Types of Assault Cases We Handle in Monument

Assault charges in Colorado are graded by the severity of the alleged conduct and the presence of aggravating factors. We defend the full range of assault matters filed in El Paso County, from bar-fight altercations to serious felony indictments. The list below reflects the charges we see most often.

• First-degree assault. The most serious assault charge in Colorado, typically involving allegations of serious bodily injury caused with intent or the use of a deadly weapon. Conviction is a felony that carries mandatory prison time in most circumstances.
• Second-degree assault. Often charged when the state alleges bodily injury inflicted with a deadly weapon or serious bodily injury caused knowingly. It is also a felony and frequently involves mandatory sentencing.
• Third-degree assault. Generally charged as a misdemeanor when someone is accused of knowingly or recklessly causing bodily injury. This is the most common assault charge we handle.
• Menacing. A distinct offense involving threats or actions that place another person in fear of imminent serious bodily injury. Menacing becomes a felony when a deadly weapon, or an article held out as one, is alleged to be involved.
• Domestic violence assault. Any assault against an intimate partner or household member triggers Colorado’s domestic violence sentencing enhancement. Mandatory arrest procedures and immediate protection orders follow the initial call.
• Vehicular assault. This charge applies when serious bodily injury results from the reckless or intoxicated operation of a vehicle. It carries felony penalties even for first offenses.
• Assault on a peace officer or first responder. Colorado enhances penalties when the alleged victim is a police officer, firefighter, emergency medical worker, or similar protected class.
• Assault involving a deadly weapon. Even a threat with an object that qualifies as a deadly weapon can trigger felony charges. The definition of a deadly weapon in Colorado is broader than most people expect.
• Bar fights and altercation-based charges. Many assault cases grow out of mutual arguments or physical confrontations where fault is disputed. Witness accounts frequently conflict, and video evidence rarely tells the full story.

Why Choose Christian A. Schwaner, P.C. as my Assault Defense Lawyer in Monument, CO?

Trial-Tested Defense With Prosecutorial Insight

Christian Schwaner opened the firm after years serving as a Deputy District Attorney in El Paso and Teller Counties and as a Special Prosecutor in Pueblo and Canon City. That trial history informs how we build assault defenses today. We know which charging patterns the district attorney’s office uses in assault cases, which facts prosecutors emphasize to secure a plea, and where the gaps often appear in witness testimony. Clients often choose to hire a former prosecutor for that unique insight.

Assault charges are commonly resolved through negotiation, but only when the defense is fully prepared to try the case if negotiation fails. Christian earned his J.D. from the University of Denver Sturm College of Law in 1997 and has been licensed in Colorado since that year. He is a member of the Colorado Bar Association, the Colorado Criminal Defense Bar, and the National College of DUI Defense. During his years at the El Paso County District Attorney’s Office, he was recognized twice as the office’s “Trial Hound” for handling more trials than any other prosecutor on staff.

Assault is one area of practice within our broader work as a criminal defense lawyer in Monument, CO. We offer free initial consultations for new assault matters.

What Is Important To Understand About Assault Cases?

Charges, Penalties, and Defense Strategies for Assault Cases

Colorado grades assault by degree, with first-degree being the most serious. The classification often depends on whether the alleged victim suffered serious bodily injury, whether a deadly weapon was involved, and the mental state the state can prove.

Key concepts to understand:

• First-degree assault. A felony requiring proof of intent to cause serious bodily injury or the use of a deadly weapon.
• Second-degree assault. Also a felony. Frequently charged when the state alleges injury inflicted with a deadly weapon or serious injury caused knowingly.
• Third-degree assault. Generally a misdemeanor for conduct that knowingly or recklessly caused bodily injury.
• Menacing. A distinct offense focused on the fear placed in the alleged victim. Menacing becomes a felony when a deadly weapon is involved.
• Affirmative defenses. Self-defense, defense of others, and defense of premises are recognized under Colorado law. Properly raised, these possible defenses can lead to acquittal even when the underlying conduct is undisputed.

What Are Important Aspects of an Assault Case?

Several factors carry more weight in an assault case. Who started the physical confrontation is often the first question we examine, because that answer can support or undermine a self-defense theory. Whether the alleged injury required medical treatment matters as well, since Colorado’s definition of serious bodily injury turns on specific medical criteria.

Witness credibility is another central issue. Assault cases frequently involve conflicting accounts from people who were intoxicated, emotionally charged, or personally connected to one side. Some assault cases involve false accusations that arise during divorce or custody disputes, and we take the same investigative approach whether the client denies the conduct entirely or acknowledges part of what happened.

Search and seizure issues can also arise when police enter a home to investigate an assault call. If officers exceeded the scope of a lawful entry, evidence they collected may be challenged under the Fourth Amendment.

What Is The Assault Case Timeline?

Assault cases follow standard criminal procedure in Colorado, though certain early steps take on added significance. The bond hearing and the entry of a protection order can affect where you live, whether you can contact family members, and whether you can possess firearms.

A general framework:

1. Arrest and booking, often followed by a mandatory protection order.
2. Advisement of rights and initial bond hearing.
3. Formal filing of charges, which may differ from the arrest charges.
4. Arraignment and entry of plea.
5. Discovery review and defense investigation.
6. Pretrial motions, including motions to suppress or reduce.
7. Plea negotiations, trial preparation, or both.
8. Trial or resolution.
9. Sentencing.

Felony assault cases can extend across a year or longer, while many misdemeanor matters resolve within a few months. The stage-by-stage criminal case timeline affects how long protection orders remain in place and when key decisions like plea offers arrive.

What Should You Bring to Your Assault Consultation?

The right documents help us evaluate the strengths and weaknesses of the state’s case quickly:

• Any charging documents, citations, or complaints you received.
• Copies of any protection orders or bond conditions.
• Photographs of any injuries you sustained during the incident.
• Names and contact information for witnesses.
• A written account of what happened, in your own words.

We use the initial meeting to walk through the charges, identify defense angles, and answer your questions. Clients frequently ask about protecting their long-term record through sealing eligibility and the circumstances that lead prosecutors to drop charges at various stages of the case.

What Are Important Colorado Legal Resources for Assault Cases?

Assault cases in Monument are prosecuted through the 4th Judicial District, which serves El Paso and Teller Counties. These public resources can help you locate the statutes and offices involved.

• The Colorado General Assembly publishes Title 18 of the Colorado Revised Statutes, including the assault statutes that classify each degree.
• The Colorado Judicial Branch maintains information about the 4th Judicial District.
• The El Paso County Combined Court hears felony assault cases and provides case information to the public.
• The 4th District Attorney files criminal charges in both El Paso and Teller Counties.
• Colorado’s general criminal statute of limitations is set by C.R.S. 16-5-401. Felony charges must generally be filed within three years and misdemeanor charges within 18 months, with certain serious offenses carrying longer periods or none at all.

Reach Out to Christian A. Schwaner, P.C. to Schedule a Consultation

An assault charge in Monument can affect where you live, who you can talk to, and what your future looks like. Christian A. Schwaner, P.C. offers free initial consultations for assault matters. You can contact us to discuss your case, review your charging documents, and identify possible defenses. Acting quickly gives us more time to gather evidence, interview witnesses, and prepare motions ahead of your court dates.

Assault Statistics in Monument

Assault is the most frequently reported violent offense in Colorado, and the state tracks it closely. Law enforcement agencies submit their data to the Colorado Bureau of Investigation, and the Division of Criminal Justice publishes an annual summary of the results. The 2025 figures show a decline in aggravated assaults statewide, although the offense still makes up most of the violent crime reported in Colorado.

• Colorado agencies reported 19,375 aggravated assaults in 2025, according to the Division of Criminal Justice.
• The aggravated assault rate fell 9.0%, from 353.2 to 321.5 per 100,000 residents.
• Aggravated assaults made up roughly 69% of the 28,212 violent crimes reported statewide that year.
• In El Paso County, where Monument cases are prosecuted by the same district attorney and heard in the same courts as Colorado Springs cases, the Colorado Springs Police Department recorded 3,785 violent crimes in 2025, down from 4,005 in 2024.
• Monument, CO is home to about 13,813 residents, based on July 2025 Census Bureau figures.

Aggravated assault is the felony category. It generally involves a serious injury or a deadly weapon, and it carries the possibility of a prison sentence. Third-degree assault, a misdemeanor, does not appear in these totals at all. A reported offense is also not a conviction. For an assault defense lawyer in Monument, CO, the question in each case is whether the evidence supports the specific degree of assault the prosecution has charged.

Types of Evidence Used in Monument Assault Defense Cases

Prosecutors in El Paso County build assault cases from physical, testimonial, and digital evidence. A Monument assault defense attorney examines each category for gaps, inconsistencies, and errors in how it was collected.

• Medical records and injury photographs. These records are often the deciding factor in the degree of the charge, because the difference between bodily injury and serious bodily injury separates a misdemeanor from a felony. Photographs taken hours later may not reflect the injury accurately.
• Statements from the alleged victim and witnesses. Accounts given at the scene frequently differ from later interviews and trial testimony. Those differences can support witness impeachment on cross-examination.
• 911 recordings and body-worn camera footage. Colorado law now requires most local officers to wear body-worn cameras. The footage shows what each person said before the officers reached a conclusion, and it sometimes contradicts the written report.
• Surveillance and cellphone video. Businesses, residences, and bystanders capture many incidents. This evidence is easily overwritten, so it must be requested early.
• Weapon evidence. Colorado law treats some ordinary objects as deadly weapons depending on how they were used. A weapon allegation can also trigger extra prison time in a felony case.
• Evidence of threats. Words or gestures that placed someone in fear may support a separate charge, such as felony menacing, even when no one was hurt.
• Relationship evidence. An assault between current or former partners falls under Colorado’s definition of domestic violence, which adds a protection order, treatment requirements, and other consequences to the case.
• Evidence of self-defense. Injuries to the accused person, earlier threats by the other party, and the sequence of events can show that force was used in response to a threat. Officers do not always document this evidence, so the defense frequently must gather it independently.
• Text messages and social media posts. Messages sent before or after the incident are often offered to show motive, intent, or an admission. Their context matters as much as their content.

Monument Assault Defense Lawyer FAQs

What separates first-, second-, and third-degree assault?

The degree depends mainly on the severity of the injury, the defendant’s alleged mental state, and whether a deadly weapon was involved. Third-degree assault, which involves bodily injury, is a misdemeanor. Second- and first-degree assault are felonies, generally involving serious bodily injury or a weapon. Whether the offense is a misdemeanor or felony shapes nearly every other part of the case.

What counts as serious bodily injury?

Colorado defines serious bodily injury as an injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of a body part or organ. Bone fractures, penetrating knife or gunshot wounds, and second- or third-degree burns also qualify. Medical testimony usually decides the question. A Monument assault defense lawyer will review the records closely, because this single element can raise a misdemeanor to a felony.

Will a protection order be issued?

When the case involves an intimate relationship, past or present, Colorado requires the court to enter a protection order when the defendant is first advised of the charges. In other assault cases, the court may still impose no-contact conditions as part of bond. These terms can restrict where a defendant lives and whom he or she may contact. Violating them is a separate offense.

What happens after an arrest for assault in Monument?

Adults arrested in Monument are generally booked into the El Paso County Jail in Colorado Springs for booking and bail. A judge then sets bond and any conditions of release. The first court appearance follows, where the formal charges and the protection order, if any, are addressed. Release conditions remain in place until the case ends or the court modifies them.

What is vehicular assault?

Vehicular assault applies when a driver causes serious bodily injury to another person while driving recklessly or while under the influence. It is a felony. Because these cases combine an injury prosecution with impaired-driving evidence, the defense often involves the same blood and breath testing issues our Monument DUI lawyer handles in other impaired-driving cases.

How is menacing different from assault?

Assault requires an injury. Menacing does not. A menacing charge alleges that the defendant knowingly placed another person in fear of imminent serious bodily injury through threats or physical actions. Using or representing a deadly weapon raises menacing to a felony. The two charges are often filed together when an argument escalates.

Can an assault charge affect my right to own firearms?

Yes. Under Colorado law, anyone convicted of a felony loses the ability to legally possess a firearm. A domestic violence assault can restrict gun rights even before a conviction, through a protection order, and a misdemeanor domestic violence conviction triggers a federal firearm ban. Our Monument, CO assault defense attorney considers these consequences when evaluating any plea offer.

Is assault on a peace officer charged differently?

Yes. Causing bodily injury to a peace officer, firefighter, or emergency medical provider who is performing official duties is generally charged as second-degree assault, a felony. The same conduct against another person might be a misdemeanor. These cases often depend on body-worn camera footage and on whether the officer’s conduct was lawful.

Can a service member’s assault charge stay in civilian court?

Yes. An assault charge under Colorado law is prosecuted in civilian court, even when the defendant serves at the nearby Air Force Academy, Fort Carson, or another installation. The command may still take its own action. Domestic violence and assault are among the charges military members face most often, and each carries career consequences.

What does an assault defense attorney in Monument cost?

We do not charge for the initial consultation. Fees for representation depend on the degree of the charge, the court, the volume of evidence, and the likelihood of trial. A misdemeanor resolved early requires less work than a felony that proceeds to a jury. We explain the fee before any agreement is signed.

Important Resources for Monument Assault Defense Cases

Monument Courthouses and Local Criminal Justice Resources

Monument is in El Paso County, part of Colorado’s 4th Judicial District, so state assault charges from Monument are filed in Colorado Springs. Misdemeanor assault proceeds in El Paso County Court, and felony assault proceeds in El Paso County District Court. Both courts share one building downtown.

• El Paso Combined Court, 270 S. Tejon St., Colorado Springs: (719) 452-5000
• El Paso County dockets, an online search of scheduled hearings by name or case number

What Are Important Local Resources for Monument Assault Defense Cases?

A Monument assault defense lawyer regularly works with the following offices once a case is filed. Each one plays a different role, from custody to supervision to appointed counsel.

• El Paso County Jail, 2739 E. Las Vegas St., Colorado Springs: (719) 390-2000
• El Paso County Probation, 270 S. Tejon St., Suite W200: (719) 452-5900
• Colorado State Public Defender, Colorado Springs Office, 30 E. Pikes Peak Ave., Suite 200: (719) 475-1235

These offices are independent public agencies. Their listing here is provided as general information and should not be read as an endorsement by our firm.

About Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer

Christian A. Schwaner represents clients throughout Colorado Springs and the surrounding communities, and he regularly represents members of the region’s military community. He is known for delivering exceptional courtroom advocacy, and clients have consistently credited him with favorable resolutions in difficult criminal matters. When a case presents real risks, he says so directly rather than offering assurances the evidence cannot support.

What Our Clients Say

★★★★★

“Christian was amazing! I was facing a very difficult situation and I put all my trust and faith into this man. Not only was I pleased with my outcome but I was impressed with his work! He truly goes above and beyond for his clients. If you are needing an attorney who will have your back and defend you to the fullest, look no further! Thank you for everything and I’m so grateful I had you by my side!”

Melissa Rose

Read more reviews on our Google Business Profile.

Additional Resources for Monument Assault Defense Cases

• Key Things to Know About Violence Laws in Colorado
• Why the Line Between Charges Matters
• Things Every Defendant Should Know About Domestic Violence Charges
• The Harsh Realities of a Domestic Violence Conviction
• Accusations of Domestic Violence While on Active Duty

Contact Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer

An assault charge can bring a protection order, bond conditions, and firearm restrictions before the case is ever tried. The first meeting with our firm costs nothing. In that meeting, we go over the arrest report and the charged degree of assault, identify the evidence that should be preserved, and outline the likely course of the case in El Paso County. Consultation requests are answered during regular business hours. Contact us when you are ready to speak with a Monument assault defense attorney.