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Assault Laws 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: Considered Class 3 Felony, could include up to 10-32 years in prison and/or a fine between $3,000 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 first-degree assault in Colorado: Considered Class 4 Felony, could include up to 5-16 years in prison and/or a fine between $2,000 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 first-degree assault in Colorado: Considered Class 1 Misdemeanor, could include up to 364 days in jail and/or a fine of up to $1,000.
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Attempted Murder Laws in Colorado
In Colorado, attempted murder is defined as the failed attempt to kill another person. This crime involves both an action and an intent.
If the steps are performed under circumstances showing extreme indifference to the value of human life, you commit attempted first degree-murder. Otherwise, it is considered attempted murder in the second-degree.
Penalties for attempted murder first-degree in Colorado (Class 2 felony): Could include between 16-48 years in prison in addition to 5 years of mandatory parole, and a fine of up to $1,000,000.
Penalties for attempted murder second-degree in Colorado (Class 3 felony): Could include between 10-32 years in prison in addition to 3 years of mandatory parole, and a fine of up to $750,000.
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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.
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DUI Laws in Colorado
There are different crimes involved with impaired driving:
1. DUI. Driving a vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs is known as “DUI.”
2. DWAI. Driving a vehicle while “ability impaired” by alcohol, drugs, or a combination of alcohol and drugs is referred to as “DWAI.”
Penalties for a DWAI in Colorado: Could include up to 2- 180 days in jail + a fine of up to $500 + up to 48 hours of useful public service + 8 DMV points in your license.
3. DUI per se. Operating a vehicle with a BAC (Blood Alcohol Level) over the limit of 0.08% or more.
Penalties for DUI charges in Colorado:
1st Time (Misdemeanor): Up to 1 year in jail + a fine of up to $1000 + up to 96 useful public service + 12 DMV points in your license (license suspension).
2nd Time (Misdemeanor): Minimum of 10 days in jail and up to 1 year in jail + a fine of up to $1500 + up to 120 useful public service + 12 DMV points in your license (license suspension).
3rd Time (Misdemeanor): Minimum of 60 days in jail and up to 1 year in jail + a fine of up to $1500 + up to 120 useful public service + 12 DMV points in your license (license suspension).
4rd or subsequent (Felony): Minimum of 2-6 years Colorado State Prison with 3 years parole + a fine of up to $500,000.
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Internet Luring of a Child – Laws in Colorado
It is a class 5 felony in Colorado to communicate sexual content to a child via electronic devices. However, it could turn into a Class 4 felony if committed with the intent to meet with the child for the purpose of engaging in sexual exploitation as defined in section 18-6-403 or sexual contact as defined in section 18-3-401.
Penalties for internet luring of a child: Class 5 felony, could include up to 1-3 years in prison, and a fine of up to $100,000.
But, if you intended to meet with the child for sexual gratification, the penalties could include between 2-6 years in prison, and a fine of up to $500,000.
If you are found guilty of this offense, you will be considered a Colorado sex offender and will have to register with the Colorado sex offender registry.
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Sexual Assault Laws in Colorado
In Colorado sexual assault is defined as any forced or non-consensual sex act.
Sexual assault is a class 4 felony, except as provided in subsections (3), (3.5), (4), and (5) of this section.
If committed under the circumstances of paragraph (e) of subsection (1) of this section, sexual assault is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).
3.5 – Sexual assault is a class 3 felony if committed under the circumstances described in paragraph (h) of subsection (1) of this section.
4 -Sexual assault is a class 3 felony if it is attended by any one or more of the following circumstances:
a. The actor causes submission of the victim through the actual application of physical force or physical violence; or
b. The actor causes submission of the victim by threat of imminent death, serious bodily injury, extreme pain, or kidnapping, to be inflicted on anyone, and the victim believes that the actor has the present ability to execute these threats; or
c. The actor causes submission of the victim by threatening to retaliate in the future against the victim, or any other person, and the victim reasonably believes that the actor will execute this threat. As used in this paragraph (c), “to retaliate” includes threats of kidnapping, death, serious bodily injury, or extreme pain; or
d. The actor has substantially impaired the victim’s power to appraise or control the victim’s conduct by employing, without the victim’s consent, any drug, intoxicant, or other means for the purpose of causing submission.
5 – a. Sexual assault is a class 2 felony if any one or more of the following circumstances exist:
I. In the commission of the sexual assault, the actor is physically aided or abetted by one or more other persons; or
II. The victim suffers serious bodily injury; or
III. The actor is armed with a deadly weapon or an article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon or represents verbally or otherwise that the actor is armed with a deadly weapon and uses the deadly weapon, article, or representation to cause submission of the victim.
b. I. If a defendant is convicted of sexual assault pursuant to this subsection (5), the court shall sentence the defendant in accordance with section 18-1.3-401 (8) (e). A person convicted solely of sexual assault pursuant to this subsection (5) shall not be sentenced under the crime of violence provisions of section 18-1.3-406 (2). Any sentence for a conviction under this subsection (5) shall be consecutive to any sentence for a conviction for a crime of violence under section 18-1.3-406.
II. The provisions of this paragraph (b) shall apply to offenses committed prior to November 1, 1998.
6 – Any person convicted of felony sexual assault committed on or after November 1, 1998, under any of the circumstances described in this section shall be sentenced in accordance with the provisions of part 10 of article 1.3 of this title.
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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.