Assault Lawyers & Attorneys

Centennial Law Office Defending Castle Rock to Brighton, Colorado

Assault, or what some people may know as 'battery', is a criminal offense in Colorado. Essentially it is a charge alleging that one person caused bodily injury or pain to another person(s), whether through a fight, or abuse, or a reckless act (i.e. driving). There are 3 primary levels of assault, called degrees. Each degree differs from the other in terms of both classification of a felony or misdemeanor, and type of punishment.

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The lowest degree of assaut is Third Degree or 3', a class 1 misdemeanor that carries 0 to 18 months in jail (domestic violence adds an additional 6 months to the maximum sentence). This charge is extremely common. It means the person suffered pain or injury like a bruise or anything less than serious bodily injury or SBI. Some alternative lessor charges to assault Third Degree are reckless endangerment or harassment.

Serious bodily injury is a specific legal definition that alleges an injury occured that was more serious than a bruise including: broken bones, fractures, disfigurement, loss of use, or permanent disability or pain.

Assault Second Degree is a usually class 4 felony, and carries a range of 0 to 12 years in prison. In some cases, prison is actually a mandatory requirement if convicted because assault is also considered a crime of violence. In other words, probation is not an option. Assault 2' alleges SBI or serious bodily injury and / or the use of a deadly weapon

Assault First Degree or 1' is essentially one step below murder or homicide, where the person was so badily injured that they coud have, but did not die from the serious bodily injury. It is usually a class 3 felony that carries a range of 4 to 24 years in prison. Assault 2' alleges SBI or serious bodily injury and may involve use of a deadly weapon.

The legal definition of a 'deadly weapon' is very vague, and can be anything from a fist, a broken bottle, a knife, or a gun. When a person uses a deadly weapon but does not cause any bodily injury (just threatened) it is called menacing, a class 5 felony.

A fourth type of assault is called vehicular assault, which is usually a class 4 felony. This type of assault involves a motor vehilce or car, and is typically charged when there is a car accident involving alcohol, DUI, or reckless driving (drag racing, extreme speeds, etc).

This page does not cover sexual assaults, aka rape. Attorneys who only specialize in sexual assault cases are highly recommended.

1st Degree - class 3 felony

A person commits the crime of assaultin the first degree if: With intent to cause serious bodily injury to another person, he causes serious bodily injury to any person by means of a deadly weapon; or With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such an injury to any person; or Under circumstances manifesting extreme indifference to the value of human life, he knowingly engages in conduct which creates a grave risk of death to another person, and thereby causes serious bodily injury to any person; or With intent to cause serious bodily injury upon the person of a peace officer, firefighter, or emergency medical service provider, he or she threatens with a deadly weapon a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, and the offender knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider acting in the performance of his or her duties; or With the intent to cause serious bodily injury, he or she applies 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 serious bodily injury.

If assault in the first degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 5 felony. If assault in the first degree is committed without the circumstances provided in paragraph (a) of this subsection (2), it is a class 3 felony.

If a defendant is convicted of assault in the first degree pursuant to subsection (1) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.

2nd Degree - class 4 felony

A person commits the crime of assault in the second degree if: With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person; or He recklessly causes serious bodily injury to another person by means of a deadly weapon; or For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or While lawfully confined in a detention facility within this state, a person with intent to infect, injure, harm, harass, annoy, threaten, 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 blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including but not limited to throwing, tossing, or expelling such fluid or material.

With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another; or With intent to infect, injure, or harm another person whom the actor knows or reasonably should knowto be engaged in the performance of his or her duties as a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, he or she causes such person tocome into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including by throwing, tossing, or expelling such fluid or material; or With the intent to cause bodily injury, he or she applies 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.

If assault in the second degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 6 felony. If assault in the second degree is committed without the circumstances provided in paragraph (a) of this subsection (2), it is a class 4 felony.

Assault in the second degree by any person under subsection (1) of this section without the circumstances provided in paragraph (a) of this subsection (2) is a class 3 felony if the person who is assaulted, other than a participant in the crime, suffered serious bodily injury during the commission or attempted commission of or flight from the commission or attempted commission of murder, robbery, arson, burglary, escape, kidnapping in the first degree, sexual assault, sexual assault in the first or second degree as such offenses existed prior to July 1, 2000, or class 3 felony sexual assault on a child.

If a defendant is convicted of assault in the second degree pursuant to paragraph (b), (c), (d), or(g) of subsection (1) of this section, the court shall sentence the offender in accordance with section 18-1.3-406; except that, notwithstanding the provisions of section 18-1.3-406, the court isnot required to sentence the defendant to the department of corrections for a mandatory term of incarceration.

3rd Degree - class 1 misdemeanor

A person commits the crime of assault in the third degree if: The 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; or The person, 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, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material. Assault in the third degree is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified (increased) sentencing range specified in section 18-1.3-501 (3).

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