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DeChant Law Motto

Denver Assault Lawyer

Assault is considered a violent crime in Colorado, and involves harming or making physical contact with another person. Depending on the level of assault you have been charged with, you could be facing multiple decades in state prison. Whether this is your first time being arrested or not, we acknowledge the confusion, fear, and anxiety that you are likely experiencing at this time. We are here to help you understand your rights, and determine your next moves. At DeChant Law, we prioritize communication so our clients are never left in the dark, and so they can make informed decisions.

When your future is on the line, go with a trusted Denver assault lawyer who has a proven track record of success in serious felony cases like assault. You can count on our unwavering commitment to safeguarding your rights and interests. Let us be your staunch advocates during this challenging period.

Understanding Assault

Assault is an alarming violation of personal boundaries that takes various forms, each carrying its own set of consequences. It goes beyond physical harm, encompassing emotional and psychological trauma. At its core, assault involves the intentional infliction of fear or harm upon another person, often without their consent. This violation can manifest in different ways, such as physical aggression, sexual abuse, verbal threats, or intimidation.

It’s crucial to recognize that assault is not limited to physical contact; it can also stem from the fear of imminent harm. Understanding assault means acknowledging the profound impact it has on victims and their communities. It’s a crucial step towards fostering empathy, prevention, and ultimately, creating a society where everyone can feel safe and respected.

Possible Penalties For Assault Charges

In Colorado, there are three degrees of assault; first, second and third degree. Third degree assault is the least serious and is a misdemeanor. Second degree assault comes in a variety of ways and is a felony. First degree assault is the most serious and carries mandatory imprisonment.
Within each degree of assault, there are various enumerated ways to commit the crimes. Who the alleged victim is, your mental state, and if a weapon was used all can change the potential punishment of the charge and may change it to a mandatory jail or prison sentence. It is imperative that when facing an assault charge, you hire an experienced assault defense attorney who understands all the variables at play.

First Degree Assault 18-3-202 C.R.S.

First degree assault is intentionally causing serious bodily injury to another person, often with a deadly weapon or by strangulation. A “serious” bodily injury involves a substantial risk of permanent disfigurement or prolonged impairment of a body part. Put simply, a serious injury such as this might be a broken bone, deep laceration requiring stitches, or serious damage to a tendon or ligament. A deadly weapon is classified as a firearm, knife, club, or any other instrument that can cause serious bodily harm or death. Moreover, a defendant can be charged with first degree assault even if no harm was caused if the victim was a law enforcement officer, correctional officer, judge, firefighter, or emergency medical provider. The penalties for first degree assault are as follows:

  • Class 3 felony punishable by 10 years to 32 years in prison
  • Class 5 felony punishable by 30 months to eight years in prison if the defendant acted in the “heat of passion”

Examples Of First-Degree Assault Offenses Include:

  • Assault with a deadly weapon 18-3-202(1)(a) C.R.S.
  • Assault causing permanent disfigurement 18-3-202(1)(b) C.R.S.
  • Extreme indifference to life and causes serious bodily injury 18-3-202(1)(c) C.R.S.
  • Threaten with deadly weapon a first responder 18-3-202(1)(e) C.R.S.
  • Threaten with deadly weapon an officer of the court 18-3-202(1)(e.5) C.R.S.
  • Strangulation causing serious bodily injury 18-3-202(1)(g) C.R.S.

Second Degree Assault 18-3-203 C.R.S.

Second degree assault is intentionally causing bodily injury to another person. Bodily injury involves physical pain, illness, or any impairment of physical or mental condition, and is of lesser severity than “serious bodily injury.” A defendant can also be charged with a second degree felony for intoxicating another person without their consent, or committing certain unlawful acts against law enforcement officers, firefighters, emergency medical service providers, or correctional officers with the intent to harm them, harass them, or obstruct their duties (yet no bodily injury occurred).

  • Class 4 felony punishable by 5 years to 16 years in prison
  • Class 6 felony punishable by 18 months to four years in prison if the defendant acted in the “heat of passion”

Second Degree Assault Sentencing

Statute Nickname of Charge Presumptive Range Mandatory Prison?
18-3-203(b) Intent Injury with Deadly Weapon 5-16 years No
18-3-203(c) Intent Injury to Cop 5-16 years No
18-3-203(c.5) Intent Serious Injury to Cop 4-12 years Yes
18-3-203(d) Recklessly cause Serious Injury 5-16 years No
18-3-203(e) Drugging 2-6 years No
18-3-203(f) Force against Judge/Cop in custody 2-6 years consec. Yes
18-3-203(f.5) Fling bodily fluids at Jail Deputy 2-6 years No
18-3-203(g) Intent Injury causes Serious Injury 5-16 years No
18-3-203(h) Flinging Fluids at Cop Intent Infect 2-6 years No
18-3-203(i) Strangulation 2-8 years No

Third Degree Felony 18-3-204 C.R.S.

Third degree assault is knowingly or recklessly causing harm to another, or negligently causing harm to another with a deadly weapon. Certain acts, such as spitting at first responders, is also third degree assault, punishable as a first degree misdemeanor (6-24 months in jail).

Third degree assault also is defined as with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic or hazardous material by any means.

In Colorado, third degree assault is a Class 1 extraordinary risk misdemeanor.

Taking a Stand Against Assault

Have you experienced harm at the hands of another individual? Have you been subjected to threats or intimidation that have left you in distress? You don’t have to face this situation alone. At DeChant Law, our Denver assault attorney is here to provide you with the support and representation you need.

When you turn to us, we immediately set in motion a comprehensive defense strategy. We understand that time is a critical factor, particularly in the crucial days following your arrest. Our proactive approach involves swiftly gathering pertinent evidence and securing witnesses, ensuring we gain an early advantage in building a robust defense against your assault charges.

Whether you require legal representation, have questions about your situation, or need clarity on your legal options, don’t hesitate to reach out to us. DeChant Law is here to offer expertise and support, ensuring that you receive the attention and assistance you deserve.

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