Fight Criminal Charges with Help from a Colorado Assault & Battery Lawyer
A felony assault conviction in Colorado carries the weight of a potential prison term. These serious charges require expert representation. An attorney with years of experience behind him can help you take your case to court to avoid the prison sentence. It is necessary to have an assault lawyer who investigates the facts, researches the law, and is not afraid to fight for your freedom during these difficult times.
First Degree Assault
First-degree assault is the most serious form of the charge in Colorado, and is mentioned when any of the following occur:
- Intent to disable or disfigure another person.
- Intent to cause any serious injury to a police officer, a judge, a prison worker, or firefighter. This may also apply if a deadly weapon is used to threaten the public servant.
- Intent to cause a serious injury to another person, and carrying out that threat, even if it does not happen to the intended individual.
- Showing an extreme indifference to the value of human life, where the defendant acts out in a way that may create a risk of death.
Being charged with first-degree assault does not immediately equate it to being true. Legal defenses like self-defense can apply to your case, arguing for your side of the conflict. A strong defense is needed. Otherwise, you may face a lengthy term in prison.
Second Degree Assault
Although second-degree assault does not lead to charges as serious as the first degree, it can still lead to harsh verdicts. Second-degree assault charges stem from:
- Causing serious bodily injury with intent of doing so.
- With intent to cause bodily injury implies breathing or circulation (choking).
- Causing bodily injury to another person by being either “Reckless with” or “Intentionally using” a deadly weapon.
- Causing injury by trying to prevent a firefighter or a police officer from fulfilling their duties.
- Drugging someone without their consent.
- Intentionally putting physical force to a public servant while they attempt to perform their duties.
If you are convicted of second-degree assault, you face a prison sentence. Know what your rights are and take steps as soon as possible in hiring a defense lawyer who understands the specifics of your case.
Third Degree Assault
Third-degree assault is the only assault charge in Colorado classified as a misdemeanor level assault charge. The courts label this level as an “Extraordinary risk crime”, meaning that the usual penalty for a misdemeanor increases by six months. Although a judge does not have to sentence you to jail if convicted of third-degree assault, you still face the possibility of serving up to two years of jail time.
Acts defined as “recklessly” or “knowingly” causing injury to another person can classify as third-degree assault, with the minimum requirement being any presence of pain even if there is no real injury.
Accidentally or negligently using a deadly weapon may also apply as a third-degree assault. Like other assault charges, the courts will apply the sentence depending on how aggressive the act was, and if any of the circumstances surrounding the event may justify your actions. Attorney Miller Leonard can defend you against these charges, building a case that either show why your actions were justified, or whether they occurred at all.
Contact a Knowledgeable Assault Lawyer Today
Assault charges are no simple matter, but you do have rights under Colorado law. Protect them by retaining an experienced assault lawyer right away. Please contact Miller Leonard, PC at (720) 613-8783 for more information or to schedule a consultation about your case.