Colorado classifies its three degrees of Assault based on the severity or potential severity of the crime. If someone is seriously injured, the penalties go up. If the potential was there for serious injury or death due to a firearm or deadly weapon being used, the sentence will be greater as well. The actual injury is not always most important. Let’s study the three Colorado Assaults: 1) Assault in the First Degree, 2) Assault in the Second Degree and 3) Assault in the Third Degree.
1) What is Assault in the 1st Degree, or First Degree Assault in Greeley? C.R.S. 18-3-202 Definition
First Degree Assault and Assault in the First Degree are defined by C.R.S. 18-3-202, which states Colorado law as:
While other less often used parts of the law exist, this one is the most commonly charged one. Usually, we see this law used when someone stabs with a knife or shoots someone with a gun, and they live.
2) Assault in the 2nd Degree and Second Degree Assault in Weld County District Court
The main definition for Second Degree Assault and Assault in the 2nd Degree most used in Weld County District Court is: A person commits the crime of assault in the second degree if he or she:
- A) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
- B) They injure a peace officer or police officer; or
- C) They intentionally cause serious bodily injury to any person; or
- D) They recklessly cause serious bodily injury to another person by means of a deadly weapon (one capable of producing death or serious bodily injury).
3) Third Degree Assault or Assault in the 3rd Degree Used by Greeley and UNC Police
Colorado law makes this the most popularly charged of any Assault: Third Degree Assault:
“The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury by means of a deadly weapon.”
Domestic violence plays a frequent part in this charge. If a man or woman in a relationship hit one another and the police are called, this is what’s normally charged.
Compare 1st Degree Assault, to 2nd Degree Assault, to 3rd Degree Assault, in Weld County and Larimer County Courts
- Felony or Misdemeanor Assault?
1st Degree Assault is the most serous felony, 2nd Degree Assault is the next most serious and is also a felony, and 3rd Degree Assault is normally charged as a misdemeanor.
- Deadly Weapon? and Serious Bodily Injury?
1st Degree Assault most always involves serious bodily injury with a deadly weapon. Assault in the Second Degree may have the use of a deadly weapon, but it does not generally have serious bodily injury too. 3rd Degree Assault rarely involves a deadly weapon – just hitting someone with your fist is all it takes.
- Prison Sentence in the Colorado Department of Corrections or Weld County Jail Sentence?
Assault in the 1st Degree Assault will likely be sentenced to the Colorado Department of Corrections. Assault in the 2nd Degree is generally sentenced to prison if someone is trying to seriously injure someone and it is not by accident. Assault in the 3rd Degree is normally sentenced to probation or the Weld County Jail in Greeley.
The three degrees of Assault in Greeley generally result in more serious sentences and treatment than a non-violent offense. Sentences to prison or jail or common. If you want the best outcome in your criminal case, call our affordable defense lawyers at 970-616-6009. You’ll be glad you did. Together, we can protect your future.
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