With the varying degrees of assault it is important to have lawyers that can objectively look at and relay the facts to a jury. Our criminal defense lawyers aggressively defend the rights of the accused.
What Is An Assault?
Assault can be defined as almost any uninvited, or unwanted touching of another person.
What Are The Varying Degrees Of Assault And What Do They Mean?
In Colorado, there are three degrees of assault: First, Second, and Third Degree assault.
First degree assault is the most serious type of assault. This crime involves serious bodily injury. Second degree assault involves bodily harm and is less serious than first degree assault, but still carries with it serious ramifications. Third degree assault is the lowest charge in the assault family, and is classified as a misdemeanor. Third degree assault is different from the other types of assault because it does not require intent. A person may be charged with assault in the third degree if the person merely knowingly, or recklessly causes injury to another.
What Penalties Could I Face?
The penalties for assault vary depending on what degree of assault you have been charged with, how aggravated the assault was, whether there are any defenses, and whether a weapon was used. If weapons are involved, or if the case involves a family member or significant other such that it may be classified as domestic violence, each of these will carry stronger penalties.
First and Second Degree assaults are categorized as Crimes of Violence and are subject to mandatory enhanced sentencing. For a First Degree assault, the mandatory penalty is 10 years. For Second Degree Assault, the mandatory penalty is 5 years. However, these penalties may be reduced if an applicable defense or mitigating factor is available. Third degree assaults carry different penalties depending on the enhancing factors.
What Defenses Could I Make For A Charge Of Assault?
For an assault, there are mitigating factors that may lower your punishment for a charge of assault. For example, provocation or 'heat of passion' is considered a mitigating factor in some of the charges. Additionally, self-defense could be a defense to assault. Our attorneys must evaluate the facts of each case in order to determine which defenses or mitigating factors are available for your case. |
