Assault in the First Degree
The most serious assault charges in Colorado are an assault in the first degree, which is considered a Class 3 Felony. Under the Colorado Criminal Code Section 18.3-202, an assault in the first degree is when you:
· Use a
deadly weapon with the intent to cause serious injury to someone; or
· Knowingly engage in conduct that would cause grave risk of death to someone and which resulted in injury; or
· Intentionally disfigured or destroyed or amputated a member of someone; or
· Threaten a police offer or firefighter with a deadly weapon, and you intended to cause serious bodily injury to them.
You could face a minimum 8 years and a maximum 24 years prison time and a fine up to $750,000.
Assault in the Second Degree
An assault in the second degree is when you:
· Intentionally cause injury to someone by using a
deadly weapon; or
· Cause mental impairment or injury to someone through the use of drugs or other substances; or
· Cause injury by preventing a police offer or firefight from performing their job.
It is considered a Class 4 Felony. You could face a minimum 4 years and a maximum 12 years prison time and a fine up to $500,000.
Assault in the Third Degree
An assault in the third degree is when you:
· Knowingly or recklessly cause bodily injury to someone; or
· When you use a deadly weapon, only negligence may apply.
It is considered a Class 1 Misdemeanor. You could face up to three years in prison.
A 20 year old male was arrested at 1:14 a.m. on April 24, 2010, at his
Denver home by Denver police pending investigation and later charged with
robbery and third degree assault of a 59 year old male victim, which occurred
on April 15, 2010 at the Cherry Creek Shopping Center. A security camera
showed the 20 year old fleeing the shopping center. The assailant, allegedly
mangled the victim's pinky finger so severely during an iPad theft
as the victim was nearing the parking lot of the shopping center that
most of the victim's finger was later amputated. The victim had just
bought the ipad at the shopping center for a friend.
If you are arrested for assault and battery charges in Colorado, you should not try and handle the matter yourself. Instead, you should hire a Colorado criminal defense attorney. A guilty plea or conviction for assault or battery could prevent you from getting financial aid for college or from obtaining employment, and you could be branded as a violent criminal for the rest of your life. The attorney may be able to get the charges reduced by arguing menacing, misdemeanor endangerment, mistaken identity, or dismissed by arguing self defense, defense of property or defense of others or no credible threat.