Charged with Assault in Colorado?
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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If you or someone you love has been charged with a crime in Colorado, contact one of our experienced Attorneys at (303) 205-8495. Or, schedule a free consultation by clicking the link below.