In the state of Colorado, assault is defined as knowingly or recklessly causing injury to another person. Offenses charged as assault in Colorado are classified as first, second- or third-degree assault, depending on what actions were taken during the crime and the seriousness of the outcome. Penalties for assault are incredibly serious and could put a halt on your professional and personal goals if you’re convicted.
If you or someone you know has been arrested for assault, it’s vital you find legal representation. Although assault is a relatively common crime in Colorado, it has the potential to turn into a felony depending on the circumstances. That means huge court fines, possible restitution, and worst of all—time in prison. Find out what your legal options with an attorney today if you’ve been accused of assault in Colorado.
Denver Assault Defense Lawyer
If you or someone you know has been charged with assault, it’s within your best interest to contact Law Office of Matthew A. Martin, P.C.. Matthew Martin understands the complex laws governing sexual assault cases. He can stay ahead of the prosecution as they build their case because he used to be a prosecutor. He knows what they are looking for, and the approaches they may take when building their cases. With years of prosecution experience to work in your favor, Denver assault lawyer Matthew Martin may be the key to reduced or dismissed charges.
Call (303) 725-0017 to set up your first consultation with Law Office of Matthew A. Martin, P.C.. Law Office of Matthew A. Martin, P.C. accepts clients throughout the area of Denver including Jefferson County, Adams County, Broomfield County, Boulder County, Arapahoe County, and Douglas County.
- What is Considered Assault in Colorado?
- Can You Go to Jail for Assault in Colorado?
- Additional Resources
What is Considered as Assault in Colorado?
Knowingly or recklessly causing bodily harm to another is known as assault in Colorado. The state of Colorado has categorized assault into three degrees based on the seriousness of the crime. All three degrees of assault have their own distinct elements and penalties.
If you can prove certain mitigating factors existed during the commission of the crime, then the court may reduce your sentence. Some examples of these mitigating factors include an history of domestic violence inflicted upon the defendant or being in the heat of passion.
First-Degree Assault Charges in Colorado
A first-degree assault charge carries the harshest penalties out of the three. If you’re convicted of first-degree assault, expect to face a felony. In order to be charged with first-degree assault, the prosecution must prove one of the following:
- Intentionally inflict serious bodily injury to the victim with a deadly weapon
- Permanently or seriously disfigure the victim
- Amputate, disable, or destroy a body part or organ of the victim
- Engage in conduct that created a substantial risk of death to another which resulted in serious bodily injury while having extreme indifference to the value of human life
- Threaten the victim with a deadly weapon as they are performing their duties as a:
- Police officer
- Prison or juvenile detention worker
- Emergency medical service personnel
Second-Degree Assault Charges in Colorado
Second-degree assault may have lighter penalties, but it still is an incredibly serious charge. The court may charge you with second-degree assault if there is evidence that during the assault you did one of the following:
- Inflicted a bodily injury or serious bodily injury to the victim
- Threatened a firefighter, judge, peace officer, detention facility worker, or emergency medical personnel and had intent to inflict serious bodily injury
- In an effort to prevent them from performing their duties, intentionally cause bodily injury to an official
- Inflict serious bodily injury with a deadly weapon to the victim
- Drug the victim without their consent
- Apply violent physical force to a detention facility worker during detainment
- Make a detention facility official come into contact with bodily fluid in an attempt to harm, annoy, threaten, or alarm the victim
- Make a judge, firefighter, police officer, or EMT worker come into contact with certain hazardous materials such as blood or saliva
Third-Degree Assault Charges in Colorado
The lightest penalty you can receive out of all the three degrees under Colorado law is third-degree assault. The prosecution can convict you of third-degree assault if they prove one of the following beyond a reasonable doubt.
- Knowingly or recklessly cause bodily injury to another
- Cause bodily injury to another negligently by means of a deadly weapon
- Intentionally throw bodily, toxic, caustic, or hazardous materials at a firefighter, police officer, or EMT personnel
Can You Go to Jail for Assault in Colorado?
Generally speaking, yes. There’s a high probability you may go to jail if you’re arrested or charged with assault. Upon arrest, the chances of you going to jail are very high as the officer will usually book the person, they believe is the “aggressor.” The consequences will depend on the degree of the crime and whether mitigating circumstances have come into play.
Penalties for First-Degree Assault
First-degree assault is considered a class 3 felony. If it is considered a crime of passion, however, it will be charged as a class 5 felony.
- Class 3 felony – $3,000 to $750,000 in fines; 10 to 32 years incarceration
- Class 5 felony – $1,000 to $100,000 in fines; 2.5 to 8 years incarceration
Penalties for Second Degree Assault
Second-degree assault is classified as a class 4 felony, but if it is a crime of passion, it will be charged as a class 6 felony.
- Class 4 felony – $2,000 to $500,000 in fines; 5 to 16 years incarceration
- Class 6 felony – $1,000 to $100,000 in fines; 1.5 to 4 years incarceration
Penalties for Third Degree Assault
Third degree assault is a class 1 misdemeanor if convicted under Colorado law. However, if the crime was committed on a peace officer or firefighter, harsher penalties may be imposed, up to twice the minimum sentence and/or fine.
- Class 1 misdemeanor – $500 to $5,000 in fines; 6 to 18 months incarceration
Colorado Laws on Assault | CRS– Visit the official website of the Colorado Revised Statutes to learn more about their assault laws and other offenses against a person. Access the site to read the elements of assault, mitigating factors, admissible defenses, and other valuable information.
Jury Instructions for Assault & Similar Offenses – Visit the official website for the Colorado courts to learn more about the jury instructions for assault and other comparable crimes. Access the site to read the document the jurors will review when making a deliberation.
Denver Lawyer for Assault & Battery
Assault is a serious crime in Colorado and requires serious representation. Trust an assault defense attorney with a proven track record of winning assault cases at trial, or getting the charges dismissed altogether. Whether you are under investigation or have already been arrested, contact violent crime defense attorney Matthew Martin – (303) 725-0017.
He can assist you by laying out all your legal options in detail. Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area and surrounding counties including Douglas County, Jefferson County, Broomfield County, Boulder County, Adams County, and Arapahoe County.