Greeley and Weld County Assault Lawyer

Assault and Battery in Colorado Courts

Assault is a complicated charge in Greeley and Weld County.  Between sentence enhancers, whether a weapon was involved, severity of injuries sustained, and many other considerations, Assault can be either a misdemeanor or a felony.  If you have been charged with Assault, an experienced defense attorney can and help you with your Assault case and keep you out of the Weld County Jail or prison.

See Colorado's Three Different Types of Assault:

Third Degree Assault - C.R.S. 18-3-204

Second Degree Assault - C.R.S. 18-3-203

First Degree Assault - C.R.S. 18-3-202

Assault Terms and Definitions

Charged with Assault in a Greeley, Colorado Court?

In Greeley, Colorado, you can be charged with Assault if you:

  • Cause bodily injury to another person by hitting, punching, or scratching them
  • Use a deadly weapon against another person to cause serious bodily injury
  • Spit on a Greeley Police officer, paramedic, or other Weld County responder
  • Recklessly cause serious bodily injury by means of a deadly weapon
  • Injure a peace officer, firefighter or emergency medical provider while trying to prevent them from doing their job

Simply put, Assault is charged in Weld County when you hurt – or cause bodily injury – to another person.  This can range anywhere from slapping a person and leaving a red mark to slamming them against a wall and causing serious bodily injury.

False Allegations of Assault in Weld County

Being falsely accused of Assault is common in Weld County.  You might have been using self-defense and only caused bodily injury to another person to protect yourself.  Or, an ex might have falsely accused you of Assault to get revenge against you.  Whatever the reason, the best Weld County Assault lawyers will listen to your story and create a solid defense strategy for use in your case.

What Makes Up a Greeley Assault Charge?

In Greeley, Colorado, the degree of Assault and possible punishments depend on several different elements.  These include:

  • Whether the Assault was knowing / intentional or reckless / unintentional
  • If a deadly weapon was used
  • Heat of passion or sudden anger involvement that leads up to the Assault
  • Whether the victim was a Greeley or Weld County police officer, sheriff, paramedic, or firefighter
  • Whether seriousness bodily injury exists or just bodily injury, and whether the victim has any permanent injuries
  • If yours was a Domestic Violence crime – the victim was in an intimate relationship with you

Assault in the Third Degree in Greeley, Colorado | 3rd Degree Assault Lawyer

Assault in the Third Degree is a class 1 misdemeanor, and is generally charged in Greeley, Colorado, when someone causes non-serious bodily injury to another.  It could have been intentional (such as punching another person) or unintentional (e.g., accidentally injuring another person while roughhousing).  It doesn’t take much to meet the standard for “bodily injury” as outlined in C.R.S. 18-3-204.  If you give another person a cut or bruise – or even cause them pain without leaving a mark – you can be charged with Assault in the Third Degree.

Assault in the Second Degree in Greeley, Colorado | 2nd Degree Assault Lawyer

Assault in the Second Degree is a more complex charge in Greeley.  Assault in the Second Degree can be charged several different ways, including intentionally causing (non-serious) bodily injury by means of a deadly weapon, unintentionally causing serious bodily injury by means of a deadly weapon, or intentionally injuring a Greeley Police officer or paramedic.  Assault in the Second Degree can be intentional or unintentional as with Assault in the Third Degree.  The difference is that generally, the nature of the injuries under Assault in the Second Degree are more serious.  If the assault was committed recklessly but unintentionally with a deadly weapon – such as someone not being careful while holding a loaded gun, and shooting another person’s leg – then Assault in the Second Degree is charged.  Intentionally causing a less serious injury with a deadly weapon – for example, using a knife to intentionally hurt another person, but only inflicting a shallow cut – can also be charged as Assault in the Second Degree.

Depending on the circumstances, Assault in the Second Degree can be deemed an extraordinary risk crime.  Read more about extraordinary risk crimes here.

Assault in the First Degree in Weld County, Colorado | 1st Degree Assault Lawyer

Assault in the First Degree is the most serious Assault charge in Weld County, Colorado.  Generally, Assault in the First Degree is charged when someone intentionally causes serious injury or disfigurement to another, particularly by means of a deadly weapon (including a firearm).  Assault in the First Degree is distinct in that the assault was committed intentionally or “under circumstances manifesting extreme indifference to life.”  As an example, Assault in the First Degree would be charged when someone pushes another person down a flight of stairs, causing paralysis.

Penalties and Challenges of Assault Charges in Greeley, Colorado

Assault is a grave charge in Greeley, and the penalties become more serious in proportion to the degree of the Assault charge.  Depending on the degree of Assault, whether you received a sentence enhancer of Domestic Violence, and whether your charge was deemed an Extraordinary Risk crime, you could be facing:

  • Years in the Weld County Jail or a Colorado prison
  • High bail bond
  • Up to hundreds of thousands of dollars of court fines
  • Restitution fees
  • Loss of employment
  • Inability to lawfully purchase or possess a firearm again

Because of the gravity of an Assault charge, it is critical to call a top criminal defense attorney immediately after being charged with Assault, regardless of the degree.

Weld County Assault Charge Defenses

Being charged with Assault in Weld County doesn’t mean that your case is hopeless.  In fact, we have successfully defended a number of clients who have been charged with Assault using substantive defense strategies.  Some of these include:

  • Use of Physical Force in Defense of a Person, AKA Self Defense – C.R.S. 18-1-704
  • Choice of Evils, C.R.S. 18-1-702
  • Use of Physical Force in Defense of Property, C.R.S. 18-1-706

These defenses are only a few potential strategies a criminal defense lawyer may use when taking on your case.  A seasoned criminal defense attorney has the experience and keen understanding of Colorado law to use even more creative defense strategies to successfully defend your case.  Hiring a criminal defense lawyer with years of experience is key to getting the best possible outcome in your Assault case, no matter the degree of Assault you have been charged with.

Assault Attorneys with Decades of Experience in Weld County, Colorado

If you have been charged with Assault, years of freedom and thousands of dollars are on the line.  This is understandably terrifying and isolating, and you need the support of an expert criminal defense attorney.  Our Weld County Assault defense attorneys have decades of experience and can help you navigate the complexities of your Assault case.  We can team up with you and provide a solid defense on your behalf in court.  Don’t tackle a stressful Assault charge and the ruthless Weld County district attorneys alone.

Have you been charged with Assault? 

Be smart, exercise your right to remain silent, and call the leading criminal defense attorneys at the O’Malley Law Office. Call 970-616-6009 or fill out the Get Help Now form to talk with an experienced Assault defense attorney in Weld County and the Greeley area for a free consultation.

Together, we can protect your future.

Get Help Now!