There are many different possible assault charges in Colorado, the penalties varying significantly depending on what is charged.
First Degree Assault is the most serious type of assault charge in Colorado and can be charged many different ways. Most commonly, it is charged when a person is accused of intending to cause "serious bodily injury" by means of a "deadly weapon." First Degree Assault is a class three felony that can have very drastic mandatory sentences imposed, depending on what is charged.
Second Degree Assault also can be charged many different ways. Most commonly, it is charged in the following circumstances:
When a person intends to cause bodily injury to another person and causes bodily injury by means of a "deadly weapon";
With intent to prevent a person that the actor knows or should know to be a peace officer, firefighter, or EMT from performing a lawful duty, causing bodily injury to any person;
Recklessly causing bodily injury to another person by means of a deadly weapon;
While lawfully in custody, knowingly and violently applying physical force against the person of a peace officer, firefighter, or EMT engaged in the performance of his or her duties;
While lawfully confined in a detention facility, with the intent to infect, injure, harass, annoy, or alarm a person in a detention facility whom the actor knows or reasonably should know to be an employee of a detention facility, causes such employee to come into contact with bodily fluid
With intent to cause bodily injury to another person, causing serious bodily injury to another person;
With intent to cause bodily injury, applying sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury.
Second Degree Assault is a class four felony and has the potential to carry a very drastic prison sentence, depending on the circumstances.
Third Degree Assault is typically charged when a person is accused of "knowingly" or "recklessly" causing bodily injury to another person. Third Degree Assault is a class one misdemeanor that carries six to twenty four months in the county jail.
Self-defense is what is called an "affirmative defense." What this means is that the prosecution can prove to a jury that a person committed an assault but if self-defense evidence is presented and the prosecution cannot disprove it beyond a reasonable doubt, a not guilty verdict is required.
Another defense commonly used in assault cases is a general defense where the defense argues that the prosecution cannot prove that the defendant had the requisite state of mind when the injury occurred. In other words, the injury was not caused "intentionally," "knowingly," or "recklessly," and therefore, the charge cannot be proven beyond a reasonable doubt.
Menacing is a charge where a person is accused of putting another in fear of imminent serious bodily injury. It is a class three misdemeanor but can be charged as a class five felony if the actor used a deadly weapon, an "article" that another person would believe was a deadly weapon, or represented that he or she had a deadly weapon.
You Will Need An Experienced Advocate.
If you have been accused of an assault or menacing charge in Longmont, Berthoud, Erie, Firestone, Frederick, Lyons, Mead, Niwot, or Dacono, the penalty can be incredibly severe. Do not go into the fight without an experienced advocate. Choosing an experienced lawyer is the best decision you can make early on in your case. To schedule a free consultation, call The Merson Law Office at 970-219-2923 or 303-776-3511. Or fill out an intake form here.
Merson Law Office, LLC 636 Coffman, Suite 200 Longmont, Colorado 80501 firstname.lastname@example.org (970) 219-2923 or (303) 776-3511 Hours: 9:00 am - 5:00 pm
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.