Under Colorado law, an aggravated assault is when a person is injured because they are attacked by another person. To determine how serious a prosecutable aggravated assault charge is, it’s necessary to assess whether a weapon was used, the level of injury a victim sustained and the intent behind it.
Colorado Criminal Defense Attorney Explains Aggravated Assault
Representing Defendants in the Denver Metro Area and Surrounding Communities
Aggravated assault is measured in degrees, and the penalty is assigned accordingly. Whether the aggravated assault is a 1st degree, 2nd degree, or 3rd degree offense will determine the severity of penalties. The difference between a 2nd degree and 3rd degree aggravated assault depends on the nature of the force used and the degree of injuries to the alleged victim. 1st degree and 2nd-degree aggravated assaults are indictable—felony—offenses, and any such case will be prosecuted in a superior court in the county where the alleged attack occurred. A 3rd degree assault is considered a less serious misdemeanor offense.
Understanding Degrees of Aggravated Assault in Colorado
The specific laws that define a 1st degree, 2nd degree, or 3rd degree assault are exceedingly complex and detailed. Though this article briefly explains what each degree of charge entails, consulting with an experienced criminal defense attorney will help you determine precisely what you are facing.
First Degree Assault
In First Degree Assault, person has committed the crime of assault in the first degree if they intended to cause serious bodily injury to a person by means of a deadly weapon or intended to disfigure a person seriously and permanently by destroying, amputating or disabling a member or organ of a victim’s body. The perpetrator has manifested extreme indifference to the value of life and engaged in conduct that created a grave risk of death.
Second Degree Assault
A 2nd degree offense occurs when a weapon is involved in an assault, including a fist, and the victim sustains serious bodily injuries such as fractures, a broken jaw, stab wounds, bullet penetration, lacerations requiring stitches, a traumatic brain injury or any other damage of that severity.
Third Degree Assault
Colorado law defines 3rd degree assault as “knowingly or recklessly” causing bodily injury to another person including causing pain even when there is no actual visible injury. This is a misdemeanor crime. Also, 3rd degree assault is defined as negligently or accidentally causing actual injury to someone by a deadly weapon.
Aggravated Assault Against Colorado Public Service Workers
If an aggravated assault is committed against a law enforcement officer, security guard, fireman, an emergency medical provider, a physician, nurse, judge, teacher or any public official or certain specified employees, the aggravated assault penalties may be more severe.
Penalties may include lengthy mandatory prison or jail sentences as well as probation or state parole upon release, fines, court costs, and a permanent criminal record.
Aggravated Assault: Strategies for Defense in Denver, Colorado
A skilled and experienced Colorado criminal defense attorney can combat the State’s charges with any, or a combination of, the following potential defenses:
- Defense of others
- Execution of public duty (authorized use of force by police)
- Mutual fighting
- Choice of evils/justification (when assault is a necessary emergency measure to avoid an imminent public or private injury)
- Duress (someone else forced the accused to use force)
- A witness or victim refuses to testify
- Lack of intent to cause harm
For more information, check out our blog: Unjust Accusations Could Leave You Needing a Defense
Charged with Aggravated Assault in Colorado
If you’ve been charged with any degree of aggravated assault, a conviction could carry devastating penalties. To learn what specifically you’re facing and what can be done about it, it’s important to consult a highly skilled, extremely experienced and aggressive defense attorney whose sole focus is criminal law.
Aggressive, Respected Criminal Defense Attorney Jeff Weeden Represents Defendants Within and Outside the Denver Metro Area
The powerful criminal defense team at WeedenLaw provides aggressive representation that is focused on an optimal disposition or win at trial. A trusted advocate during his nearly 20 years representing those accused of crimes, attorney Weeden has represented clients throughout Colorado including Adams, Arapahoe, Aurora, Boulder, Broomfield, Denver, Douglas, Gilpin, Jefferson, Larimer, Morgan, Weld counties and beyond.
Non-Intimidating, Judgment-Free Respect, and Understanding for Coloradans
Attorney Jeff Weeden believes wholeheartedly that there are two sides to every story, and everyone deserves the right to a strong, aggressive defense from an attorney who cares about protecting their rights and fighting for their future. Whether you’re innocent of the prosecution’s charges or you’ve made a mistake, he is prepared to fight for you without any judgment, condescension or lectures. At all times, you will be treated with respect and understanding by attorney Weeden and his compassionate staff.
Free Consultation for Aggravated Assault Charges
During a free initial consultation with our Denver criminal defense attorneys, your case will be reviewed and assessed so we can explain the strategies we can use to fight your charges. As a law firm committed to your freedom, we approach every client’s case with an intention to win and do not force our clients to accept the prosecution’s plea offer. When it’s not possible to have a client’s charges dismissed, we are adept at negotiating lesser charges and minimizing penalties.
To begin what may be the fight of your life, contact WeedenLaw at 720.307.4330 so we can meet with you in person to discuss how we can build a solid defense to protect your freedom. Our phones answer 24/7. Collect calls from inmates are accepted and jail interviews can be arranged.