Assault charges in Colorado are not one-size-fits-all. Whether you were involved in a bar fight in Greeley, a domestic dispute in Evans, or an altercation anywhere else in Weld County, the degree of Assault you’re charged with makes an enormous difference in the penalties you face. Here are answers to the questions our clients ask most often.
Attorney for Assault Charges in Erie and Evans: What Is Third Degree Assault in Colorado?
Third Degree Assault (C.R.S. § 18-3-204) is the least severe of the three, but it is still a class 1 misdemeanor. You can be charged with Third Degree Assault if you knowingly or recklessly cause bodily injury to another person, or if you negligently cause injury using a deadly weapon. Many Domestic Violence cases in Weld County are filed at this level.
Weld County Assault Lawyer: What Is Second Degree Assault?
Second Degree Assault (C.R.S. § 18-3-203) is a class 3 or class 4 felony and a much more serious charge. It applies when someone intentionally causes serious bodily injury, uses a deadly weapon, or causes injury to a peace officer or firefighter in the line of duty. A conviction carries a potential sentence to the Colorado Department of Corrections. Importantly, certain subsections of Second Degree assault carries a mandatory prison sentence, meaning probation is generally not an option.
What Is First Degree Assault? A Greeley Criminal Defense Attorney Explains
First Degree Assault (C.R.S. § 18-3-202) is the most severe, classified as a class 3 felony with sentences ranging from 10 to 32 years in prison. This charge requires proof that the defendant intentionally caused serious bodily injury with a deadly weapon or acted with extreme indifference to human life. In Weld County, prosecutors pursue First Degree Assault charges aggressively, particularly when a weapon is involved.
Does the Victim’s Injuries Always Determine the Charge in a Weld County Assault Case?
Not always. The prosecution also considers your intent, the circumstances, and who was injured. Injuring a police officer, emergency responder, or a child can elevate a charge regardless of injury severity.
Should I Hire a Defense Attorney for an Assault Charge?
Absolutely and the sooner, the better. From challenging witness credibility to disputing whether injuries meet the legal threshold for “serious bodily harm,” a skilled Weld County criminal defense attorney can identify weaknesses in the prosecution’s case and fight for the best possible outcome.
If you or someone you love has been charged with Assault, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
Photo by Leeloo The First