ARRESTED FOR ASSAULT CHARGES- INFORMATION YOU MUST KNOW!
An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. Aggravated assaults are typically those where someone is seriously injured, or that include the use of a weapon, or during the commission of another crime, such as a robbery or burglary.
Assault charges requires the person to intend to cause injury to another person. The degree of injury sustained, the amount of force used, and the victim determines the degree of assault that is charged. Commonly assault is charged with other crimes, such as felony menacing, trespass, resisting arrest, or obstructing a police officer. There may be many defenses to an assault charge, contact us today to receive a free consultation with a successful Denver assault attorney by phoning (303) 747-4686.
First Degree Assault Charge – this is categorized as a violent crime and is typically charged as a Class 3 Felony. First Degree assault may be charged in the following situations (C.S.R. §18-3-202):
- An act with intent to disfigure another person and permanently, or to destroy, amputate, or disable permanently a part of the body causing injury
- An act with an extreme indifference to the value of human life, engages in conduct with crates a grave risk of death, cause serious bodily injury to a person
- An act with intent to cause serious bodily injury to a police officer or firefighter, working within their employment, threatens with a deadly weapon. There is no requirement that the officer or firefighter sustain an injury
- An acts with intent to cause serious bodily injury to a judge or officer of the court, working in that capacity, threatens with a deadly weapon. There is no requirement that the judge/court personnel sustain an injury
Second Degree Assault Charge – this is categorized as a violent crime and is typically charged as either a Class 3 or Class 4 Felony. Second Degree assault may be charged in the following situations (C.S.R. §18-3-203):
- An act with intent to cause bodily injury to another and does cause bodily injury to any person by means of a deadly weapon
- An act with intent to prevent a police officer r firefighter from doing his/her job and causes bodily injury to any person
- Recklessly causes serious bodily injury to another person by using a deadly weapon
- Intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another by giving a person without their consent any substances capable of creating the above harm
- An act with intent to cause bodily injury to another and causes serious bodily injury to that person
Third Degree Assault Charge– This is categorized as an extraordinary risk crime and is typically charged as a Class 1 Misdemeanor. Third Degree assault may be charged in the following situations (C.S.R. §18-3-204):
- A person knowingly or recklessly causes bodily injury another person
- A person acts with criminal negligence and causes bodily injury to another by means of a deadly weapon
Assault charged in the first degree is a third degree felony, unless there is sudden provocation, and assault in the first degree is considered a crime of violence and will result in prison time. Assault in the second degree may be considered a third or fourth degree felony and will most likely result in a prison sentence and is also considered a rime of violence. If a crime is designated a crime of violence, a judge must sentencing you to a period of prison.
Even a third degree assault charge as a first-degree misdemeanor crime can be considered an extraordinary crime. This means that the presumptive range for sentencing increases to up to two years.
If a person is convicted of assault in the first or second degree, the court must sentence the person in accordance with C.R.S. §18-1.3-406 additional information on Felony Sentencing or Mandatory Sentencing.
If you or a loved one are accused of assault or are facing assault charges as either a felony or misdemeanor, contact us today for a free consultation with a Denver assault attorney by calling (303) 747-4686 or click here.