Charged with Assault in Colorado?

Charged with Assault in Colorado?

Apr 19 2021

In Colorado Assault generally is defined as knowingly or recklessly causing bodily injury to another person.

Battery (identified as “menacing” in some states) happens when a person knowingly causes a person to fear imminent serious bodily injury through threat or physical action.

Assault is classified as follows:

First-degree assault

A person intentionally causes serious bodily injury, often by use or threat of use of a deadly weapon. It is often considered a crime of violence and it is a felony.

Penalties for first-degree assault in Colorado: Could include up to 24 years in prison and fine of up to $750,000.

Second-degree assault

A person recklessly causes serious bodily injury to another person by means of a deadly weapon, or intentionally causes serious bodily injury to another person. It is often considered a crime of violence and it is a felony.

Penalties for second-degree assault in Colorado: Could include up to 12 years in prison and a fine of up to $500,000.

Third-degree assault

Occurs when a person knowingly, recklessly, or through criminal negligence causes bodily injury to another person by means of a deadly weapon. It is consider a class 1 misdemeanor.

Penalties for third-degree assault in Colorado: Could include up to 6 months in jail and a fine of up to $5,000.

Defenses

Defenses to Colorado assault laws include:

  • Self-defense
  • Execution of public duty (authorized use of force by police)
  • Choice of evils/justification (when assault is a necessary emergency measure to avoid imminent public or private injury)
  • Duress (someone else forced the accused to use force)
  • Entrapment
  • Lack of intent to cause harm
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