Assault in the First Degree Lawyer in Weld County

Assault in the First Degree is the most severe Assault charge in Weld County. The main difference between an Assault in the First Degree charge and one in the Second Degree, is the seriousness of the victim's injury. An Assault in the Second Degree maintains that there is a bodily injury, but it isn't serious. But, Assault becomes First Degree when the victim's injuries are considered serious bodily injury.

Definition of Assault in the First Degree in Greeley, Longmont, and Orchard

In Greeley, Longmont, and Orchard, someone commits Assault in the First Degree, C.R.S. 18-3-202, if:

(1) A person commits the crime of assault in the first degree if:

• With intent to cause serious bodily injury to another person, he causes serious bodily injury to any person by means of a deadly weapon; or
• With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such an injury to any person; or
• Under circumstances manifesting extreme indifference to the value of human life, he knowingly engages in conduct which creates a grave risk of death to another person, and thereby causes serious bodily injury to any person; or
• With intent to cause serious bodily injury upon the person of a peace officer, firefighter, or emergency medical service provider, he or she threatens with a deadly weapon them; or
• While lawfully confined or in custody and with intent to cause serious bodily injury to a person employed by or under contract with a detention facility, or to a person employed by the division in the department of human services responsible for youth services, he or she threatens with a deadly weapon.
• With the intent to cause serious bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person and thereby causes serious bodily injury

 Sentencing / Punishment for Assault in the 1st Degree in Weld County

Since Weld County considers Assault in the First Degree an extraordinary risk crime, it is punished more severely than other felony charges. If the Assault is deemed a heat of passion crime, then the accused faces a class 5 felony. This means that they will have a 1 - 3 year prison sentence at the Colorado Department of Corrections.They will also have a fine between $1,000 and $100,000, or both prison time and a fine, and a 2 year parole period. If the Assault in the First Degree is committed under more typical circumstances, then the accused faces a class 3 felony. That entails between 4 and 16 years in prison, a fine between $3,000 and $750,000, or both time and a fine, in addition to the 5 year parole period.

Examples of Assault in the First Degree in Greeley

The most common example of Assault in the First Degree that we have seen in Greeley, and Thornton is when a victim survives a shooting. Another example is when the accused has "an extreme indifference to human life." Unfortunately, this is when we see someone mass attacking others, like we are seeing more and more frequently these days. An additional example is when people intentionally attack peace officers. This is more common when people get a little too rowdy and someone raises a bat or a gun at a police officer.