Have you experienced harm at the hands of another individual? Have you been subjected to threats or intimidation that have left you in distress? You don’t have to face this situation alone. At DeChant Law, our dedicated legal team is here to provide you with the support and representation you need.
When you turn to us, we immediately set in motion a comprehensive defense strategy. We understand that time is a critical factor, particularly in the crucial days following your arrest. Our proactive approach involves swiftly gathering pertinent evidence and securing witnesses, ensuring we gain an early advantage in building a robust defense against your assault charges.
You can count on our unwavering commitment to safeguarding your rights and interests. Let us be your staunch advocates during this challenging period.
Assault is an alarming violation of personal boundaries that takes various forms, each carrying its own set of consequences. It goes beyond physical harm, encompassing emotional and psychological trauma. At its core, assault involves the intentional infliction of fear or harm upon another person, often without their consent. This violation can manifest in different ways, such as physical aggression, sexual abuse, verbal threats, or intimidation.
It’s crucial to recognize that assault is not limited to physical contact; it can also stem from the fear of imminent harm. Understanding assault means acknowledging the profound impact it has on victims and their communities. It’s a crucial step towards fostering empathy, prevention, and ultimately, creating a society where everyone can feel safe and respected.
In Colorado, there are three degrees of assault; first, second and third degree. Third degree assault is the least serious and is a misdemeanor. Second degree assault comes in a variety of ways and is a felony. First degree assault is the most serious and carries mandatory imprisonment.
Within each degree of assault, there are various enumerated ways to commit the crimes. Who the alleged victim is, your mental state, and if a weapon was used all can change the potential punishment of the charge and may change it to a mandatory jail or prison sentence. It is imperative that when facing an assault charge, you hire an experienced assault defense attorney who understands all the variables at play
Third degree assault is defined as when someone 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.
Third degree assault also is defined as with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic or hazardous material by any means.
In Colorado, third degree assault is a Class 1 extraordinary risk misdemeanor.
The Legislature decided each second-degree assault charge would carry different potential punishment. If you are facing a second-degree assault charge, you need to look at the specific subsection assigned to such charge. Normally a class 4 felony carries a presumptive range of 2-6 years of prison. However, second-degree assault charges can carry a range between 2-16 years, some offenses requiring mandatory prison upon conviction. This is because the factual basis for the charge may make the offense extraordinary or a crime of violence.
If you are facing a second-degree assault charge, it is highly recommended to hire an experienced lawyer who knows the nuances involved to assure you are in good hands.
|Nickname of Charge
|Intent Injury with Deadly Weapon
|Intent Injury to Cop
|Intent Serious Injury to Cop
|Recklessly cause Serious Injury
|Force against Judge/Cop in custody
|2-6 years consec.
|Fling bodily fluids at Jail Deputy
|Intent Injury causes Serious Injury
|Flinging Fluids at Cop Intent Infect
As with second-degree assault, there are several enumerated ways one could be facing charges of first-degree assault. The main factors are that serious bodily injury or a deadly weapon are involved. First-degree assault is a class 3 felony.
First-degree assault may carry mandatory imprisonment because the factual basis involves serious bodily injury or a deadly weapon, which places the crime in the crime of violence category. Crimes of violence require mandatory imprisonment and may increase the penalty range you are facing. The main sentencing ranges for first-degree assault are 4-16 years or 10-32 years of imprisonment.
If you are charged with first-degree assault, you should hire an experienced criminal defense attorney to represent you.