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- posted: May 15, 2022
- Criminal Defense
Assault is a criminal offense that occurs when someone causes physical harm to another person or threatens another person with harm. Colorado law sets three separate degrees or classifications of assault, and there are different types of assault within each degree. If you’re charged with assault, the penalties will vary based on the degree you’re charged with.
First degree assault
The most serious class of criminal assault in Colorado is first degree assault. A conviction for this offense carries a prison term of eight to 24 years and fines of up to $750,000. A person can be convicted of assault in the first degree if:
- The defendant intentionally caused serious injury to another person with a deadly weapon
- The defendant knowingly acted in a manner that put another person in serious danger of death and caused injury
- The defendant intentionally destroyed, disfigured or amputated the body part of another person
- The defendant threatened a law enforcement officer or firefighter with a deadly weapon with intent to cause them serious injury
Second degree assault
Second degree assault carries a prison term of four to 12 years and fines of up to $500,000. A person charged with second degree assault has allegedly:
- Intentionally or recklessly caused another person injury using a deadly weapon
- Caused someone injury or mental impairment using a drug or other substance
- Caused injury to a law enforcement officer or firefighter in an attempt to interfere with their official duties
Third degree assault
A conviction for third degree assault can send a defendant to prison for up to three years. A person can plead guilty of assault in the third degree if the state proves:
- The defendant knowingly or recklessly caused someone bodily injury
- The defendant knowingly or negligently caused someone bodily injury with a deadly weapon
Recklessness and negligence are both forms of acting without due care for the safety of others. Recklessness, or “gross negligence,” is when someone flagrantly disregards the potential consequences of their behavior. In contrast, criminal negligence is when a person has a lapse in judgement. Those carrying a deadly weapon are held to a higher standard of conduct in Colorado.
Being charged with assault can have life-changing consequences, so it’s important to work with an experienced criminal defense attorney who understands how to challenge the prosecution’s case.
Located in Boulder, the Polansky Law Firm is one of Colorado’s premier criminal defense firms. The attorneys and support staff work diligently and tirelessly to achieve the best result possible for each client. If you have been charged with a serious crime such as assault, please contact us or call 303-415-2583 for an initial consultation.