If you are arrested for felony assault in Colorado, there are many questions that you probably have and information that you must know. Beside facing potential felony charges- you also face a crime of violence. There is a range of severity in assault charges in Colorado, depending on the facts and circumstances of the incident, you could be charged with a misdemeanor assault or a felony assault. If the DA will charge you with a felony assault or misdemeanor assault will usually depend on the injuries to the other party and if there is an allegation of weapons. This post seeks to educate you on Felony Assault charges.
Felony Assault – potential punishment
First Degree Assault – or felony assault charges are typically a class 3 felony. If convicted of first-degree assault or felony assault, it could be considered a crime of violence and can include mandatory sentencing provisions pursuant to Colorado Revised Statute 18-1.3-406. This section could require the judge to sentience a person to prison for at least the midpoint but no more than twice the maximum of the presumptive range. For a Class 3 felony, the presumptive range is 4 to 12 years, which means if the first degree assault or felony assault is labeled a crime of violence you could face 8 to 24 years in prison.
If the first degree assault or felony assault is committed under circumstances that can show the act was performed under a sudden heat of passion, caused by a serious and highly provoking act by the victim, which affected the person accused of the assault and without any delay in provocation and injury is a class 5 felony and not considered a crime of violence.
Felony Assault – collateral consequences
A felony assault conviction has consequences beyond a potential prison sentence. It can impact your family, your career, your freedom and rights. A felony conviction may result in a loss of voting rights, guns rights, and potentially parental rights.
Potential Defenses to Felony Assault or First Degree Assault
There are defenses that could be used to defend a felony assault charge. The most common defense is self-defense or defense of others. These are very specific defenses – if you can claim self-defense depends on the facts and circumstances of your case. An experienced criminal defense attorney can review the facts of your case to determine if you can assert self-defense.
There can be situations where a true self-defense argument cannot be claimed, but mutual combat and/or provocation from the victim can be used to defend the charges.
If you or a loved one are accused of felony assault or first degree assault, contact us today at (303) 747-4686 or by clicking here.