Assault is generally defined as a perceived threat to another individual. In Colorado, it is defined as the unlawful contact that results in injury to another individual. This crime can be classified as either a misdemeanor or a felony, depending on factors such as who was involved and the severity of the actions taken.
Assault charges in Colorado are a serious matter, and a conviction can result in severe and lasting consequences. Even as a misdemeanor, a guilty plea to assault may result in an individual’s loss of right to bear arms and other Constitutional rights, as well as deportation if the guilty party is not a U.S. citizen.
Assault is often charged alongside other crimes, including domestic violence, burglary, or harassment.
Degrees of Assault
Assault may be classified as either first degree, second degree, or third degree. Third degree assault, also referred to as simple assault, occurs when an individual knowingly threatens injury or causes harm to another. This form of assault is a misdemeanor. If convicted, penalties include fines, anger management treatment, and up to three years in jail.
Second degree assault, a class 4 felony, occurs when an individual causes serious damage or permanent injury to another, causes death due to negligent and reckless behavior, or supplies another person with harmful drugs intended to result in lasting damages. This form of assault carries penalties such as larger fines, mandatory rehabilitation programs, and longer prison terms.
First degree assault occurs when use of a deadly weapon is involved, when threats are made or assault is committed against a fire-fighter or police officer, or the harm against an individual was intentional and the action is likely to cause severe damage or even death. Penalties for this form of assault include hundreds of thousands of dollars in fines and up to 24 years imprisonment.
Defenses Against Assault Charges
Among the most common defenses against assault charges are self-defense and the defense of others. Depending on the unique circumstances of your case, an experienced legal professional may argue that you were merely protecting yourself or protecting another individual from danger, and should not be found guilty of assault.
Other common defenses against assault charges are:
- You did not mean to harm anyone with your actions,
- The crime was committed “in the heat of passion”,
- You did not even come in contact with the other person,
- You did not come in contact with the other person knowingly or recklessly.
Contact Goldman Law, LLC Today
If you or someone you know has been accused of assault, our Colorado criminal defense attorneys at Goldman Law, LLC are here to help you. We will help protect your freedom and safeguard your future.
At Goldman Law, LLC, we will advocate aggressively for your rights, minimize damage as best as we can, and immediately begin crafting a plan to position your case for the best resolution possible. We will do whatever we legally can to get your case dismissed and the charges against your dropped. If dismissal is not feasible, our legal team will strive to have your charges and sentences reduced.
Hiring a criminal defense attorney is the most important decision you can make for your criminal case. To learn more about your rights and receive a professional case evaluation, contact Goldman Law, LLC at (720) 504-7437.