In Greeley, Assault in the First Degree is a felony offense. When a person intends to cause serious bodily injury to another person, and causes serious bodily injury another by means of a deadly weapon, they can be charged with 1st Degree Felony Assault. A student from a Colorado High School is now facing these charges after allegedly stabbing another student. The victim was found with multiple stab wounds and another student was taken into custody. Below, our experienced Assault attorneys will discuss what happens when you are charged with 1st Degree Assault and why you should hire Greeley’s leading criminal defense attorneys.
Legal Definition of 1st Degree Assault, C.R.S. 18-3-202, in Weld County
The definition of 1st Degree Assault, C.R.S. 18-3-202, is:
(1) A person commits the crime of Assault in the First Degree if:
(a) 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
(b) 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
(c) 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
To put this in simple terms, if an assault occurs where the injuries were severe, and a deadly weapon was used, then 1st Degree Assault can be charged. Like the above story, the student was severely injured with a deadly weapon. It is always important to remember that self defense is an effective defense tool in the event the “victim” was the initial aggressor or when the “victim” was applying such a degree of force against the accused, that the accused was forced to defend himself or herself from serious harm.
What is the Definition of ‘Serious Bodily Injury’ and ‘Deadly Weapon’ in Assault in the First Degree in Greeley and Windsor, Colorado?
In Greeley and Windsor, the definitions of words used in statutes are important to understand, when facing any criminal charge. In an Assault in the First Degree charge, ‘Serious Bodily Injury’ and ‘Deadly Weapon’ are key components of the charge, they are defined as:
- Serious Bodily Injury – injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.
- Deadly Weapon – (I) A firearm, whether loaded or unloaded; or (II) A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.
Are there other Degrees of Assault Charges in Weld County?
The simple answer is yes, there are three degrees of Assault in Weld County and across Colorado. There is First Degree Assault, Second Degree Assault, and Third Degree Assault. All occur when a person injures another, however the specific degree which is charged is dependent on the intent of the defendant, whether a deadly weapon was used, and the severity of the injuries. To find out more about 2nd Degree Assault or 3rd Degree Assault, get help here.
Sentence and Penalties for Assault in the First Degree in Ault, Milliken, or Greeley, Colorado
In Ault, Milliken, or Greeley the sentence for Assault in the First Degree is a class 3 felony with penalties of 10 – 32 years in a Colorado State Prison, and a fine starting at $3,000. It is important to know that felony crime of violence convictions can have other penalties which affect your future, including employment, where you live, and your right to carry a firearm.
Why Hire Leading Assault Attorneys in Weld County?
Our leading Assault attorneys at the O’Malley Law Office have over 30 years of criminal law experience in Assault. It is important to have an experienced criminal defense attorney by your side. We will fight tirelessly for a lesser charge or present a strong defense in trial. We want you to receive the best outcome possible in your case.