Are you facing Assault charges in Weld County, Colorado? If so, you will need the best criminal defense lawyer to defend you at the Weld County Courthouse. Assault charges in Colorado are difficult due to several factors, such as broad Assault laws, modified sentencing ranges that can increase time in a Colorado jail or prison, and Domestic Violence sentence enhancers. These difficulties can be further complicated by the fact that Assault is divided into three different degrees in Colorado. Below, the top criminal defense Assault lawyers at the O’Malley Law Office discuss the differences between First Degree Assault, Second Degree Assault, and Third Degree Assault. We’ll also give you good reasons you need an experienced criminal defense lawyer if you have been criminally charged.
What is Assault in Weld County?
In Weld County, Assault is the act of inflicting bodily injury, serious bodily injury, or illness upon another person. In some cases, it can also include harmful or offensive contact. For example, Assault in the Third Degree, C.R.S. 18-3-204, can be charged when a person forces a first responder to come into contact with a bodily fluid with the intent of harassing, threatening, annoying, or alarming him or her.
Assault is divided into three different degrees in Colorado based on criminal intent and severity of injury inflicted. Assault in the Third Degree, C.R.S. 18-3-204, is the least severe Assault charge in Colorado, and Assault in the First Degree, C.R.S. 18-3-202, is the most serious. If a person drives recklessly and causes serious bodily injury to another, he or she can then be charged with Vehicular Assault, C.R.S. 18-3-205.
What are the Differences Between the Degrees of Assault in Greeley, Colorado Courts?
The different degrees of Assault charged in Greeley Courts are complex, but nonetheless distinct. Generally, the differences between each degree of Assault can be summarized as follows:
Assault in the Third Degree, C.R.S. 18-3-204 – Assault in the Third Degree is most often charged when one person knowingly or recklessly inflicts bodily injury upon another person. The threshold for “bodily injury” is low in Colorado, and can include minor physical pain. Therefore, if you do as little as cause another person pain without even leaving a bruise or cut, you can be charged with 3rd Degree Assault.
Assault in the Second Degree, C.R.S. 18-3-203 – 2nd Degree Assault can be charged for any one of several more serious actions in Colorado. A person can be charged with this offense for unintentionally inflicting serious bodily injury with a deadly weapon or intentionally causing non-serious bodily injury, among many other actions. In general, Assault in the Second Degree is a more severe charge than 3rd Degree Assault because the injuries or criminal intent are more serious. Second Degree Assault can also be an extraordinary risk crime, depending on the circumstances.
Assault in the First Degree, C.R.S. 18-3-202 – First Degree Assault is Colorado’s most severe Assault charge. Assault in the First Degree is charged when a person acts intentionally to cause another serious bodily injury, especially with a deadly weapon such as a firearm. Serious bodily injury is defined by bone fractures, second and third degree burns, or substantial risk of death, serious permanent disfigurement, or protracted loss or impairment a person’s body.
Sentences and Penalties for Assault in Windsor, Milliken and Fort Lupton
In Windsor, Milliken and Fort Lupton, the sentences and penalties for Assault charges vary depending on the degree of Assault and the circumstances that led up to the incident. Third Degree Assault is always a class 1 misdemeanor crime, punishable by up to 364 days in the Weld County Jail and $1,000 in fines. Assault in the Second and First Degrees are both felony crimes that carry much graver prison penalties. A defendant convicted of 1st or 2nd Degree Assault can expect years in a Colorado prison, mandatory parole following incarceration, thousands of dollars in fines and restitution payments, and mandatory firearm and ammunition relinquishment.
It is critical to note that a defendant facing First Degree Assault or Second Degree Assault charges can face a much longer Colorado prison sentence if the Assault was deemed to be a crime of violence or extraordinary risk crime. Serious bodily injury with a deadly weapon is one way to obtain a crime of violence designation. Crime of Violence is very significant, because under Colorado law, defendants will be required to serve near 75% of their prison sentence before they are eligible for parole. Both designations significantly increase the Colorado prison sentence a defendant will serve if convicted. Assault charges also frequently go hand-in-hand with Domestic Violence sentence enhancers, which can add even more penalties (e.g., treatment and mental health evaluations) if a defendant is convicted.
Why You Need the Best Weld County Assault Lawyer
If you are facing Assault charges in Weld County, you need the best Assault lawyer to defend you at the Weld County Court. Regardless of whether you have been charged with misdemeanor or felony Assault, the rest of your life can be permanently impacted if you are convicted. An experienced criminal defense attorney can provide you with peace of mind by defending you at the Weld County Court and protecting your future. Don’t try to take on your charges alone and risk spending years in a Colorado prison and thousands of dollars in fines. Small details can greatly reduce or increase your sentence. Hire a leading attorney with the drive and compassion to defend you and secure the best possible outcome in your case. We take great pride in achieving creative solutions to criminal cases which result in lesser sentences for our clients.