If you have been charged with assault, assault and battery, aggravated assault, or any related crime in Colorado you need to contact experienced assault lawyer Dana Casper immediately. Being charged with and convicted of assault can have an enormously negative impact on your life. Along with the shame and embarrassment that comes with being convicted of assault, you can face serious legal consequences including lengthy jail time.
Assault is generally defined as any intentional act that causes another person to fear they’re about to suffer physical harm, meaning that no actual physical harm is necessary for you to be accused and charged with assault. Assault and battery requires the aggressor to physically strike or attack the victim.
In Colorado, assault charges are arranged by degree, with first degree being the most serious and third degree being the least serious and most common. First degree assault is a Class 3 Felony (F3) and comes with a mandatory 10 year penalty, whereas third degree assault is a Class 1 Misdemeanor (M1) and can come with a possible two year penalty.
Third Degree Assault: The State of Colorado defines Third Degree Assault as when a person “knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon.” In layman’s terms, this means that even if there is no physical damage you can still be charged since pain, alone, constitutes injury. Furthermore, the mere possession of a deadly weapon that could cause injury through negligence (i.e. carelessness) can constitute Assault in the Third Degree. Unlike other Class 1 Misdemeanors (M1), the penalty for Third Degree Assault includes a possible two years in jail, although if the assault is categorized as a Domestic Violence offense, the mandatory domestic violence classes will be ordered.
Second Degree Assault: The State of Colorado defines Second Degree Assault as when a person
• Intentionally causes bodily injury to another through the use of a deadly weapon,
• Recklessly causes serious bodily injury to another through the use of a deadly weapon,
• Intended to cause bodily injury to another and, in so doing, caused serious bodily injury to another,
• Causes bodily injury to another while intentionally trying to prevent a police officer or firefighter from carrying out their duties ,
• Intentionally drugs another without that person’s consent.
Second Degree Assault is a Class 4 Felony (F4). Cases 1 – 4 are considered “Crimes of Violence” and convictions carry a mandatory prison sentence of 5 years.
First and Second degree assault charges are also referred to as felony aggravated assault.
First Degree Assault: First Degree Assault is by far the most serious assault offense under Colorado law. The State of Colorado defines First Degree Assault as when a person
• Intends to cause bodily injury to another and, in so doing, causes serious bodily injury to another with a deadly weapon,
• Intends to seriously disfigure another, destroy, amputate, or permanently disable a member or organ of another,
• Acts with “extreme indifference to the value of human life” and knowingly creates a grave risk of death which causes serious bodily injury,
• Threatens a police officer, firefighter, judge, or prison worker with a deadly weapon with the intent to cause serious bodily injury.
First Degree Assault is a Class 3 Felony (F3) and carries with it a mandatory prison sentence of 10 years.
If you have been accused of or charged with any of these crimes in Colorado, you need to call Dana Casper immediately so she can start defending you. With over 20 years of experience, Dana Casper can provide you with the rock-solid defense you need. Contact Dana Casper today at 303 – 333 – 2276.