Assaults Attorney in Denver, Colorado
An Experienced Denver Assault Lawyer Who Will Stand up For Your Rights
If you are charged with simple or aggravated assault, you are facing serious consequences that can include jail or prison time or what can be a very difficult probation sentence. These offenses are worth fighting against vigorously with an experienced Denver defense attorney.
Assault charges in Denver do not necessarily mean you have injured someone and it is possible that a person with a grudge against you may claim you intended to harm them even if you didn’t. This kind of accusation may not be enough to get you convicted of a crime, but it can still result in your arrest and charges being filed against you. That is why you need a Denver criminal defense attorney who understands the assault laws in Colorado and can help you find the best possible legal solution. Every assault case is unique and requires the skill set of an experienced Denver assault lawyer like Kevin Pauly who will learn the intricacies of your individual case and fight for your rights.
In Colorado, you may have the option to argue that you acted in self-defense. The law allows you to defend yourself as long as the weapon you use is of the same force as the one being used against you. If that applies to your case, you may be able to fight your charges and claim self-defense. Contact Kevin Pauly, an experienced Denver assault lawyer today to discuss your case and find out if a self-defense argument is right for you.
Kevin Pauly is a highly skilled Denver defense attorney who defends clients charged with assault in the Denver metro area, or anywhere in the surrounding areas of Colorado. Whether you have been charged with first, second or third degree assault, Kevin can help defend your case and fight for your rights.
Colorado Assault Laws
Colorado divides assault crimes into three degrees, and all of them at least involve a person knowingly or recklessly causing bodily injury to another. First and Second Degree Assault are the most serious charges and carry severe penalties. Third Degree Assault while less serious still has some significant penalties. Third Degree Assault is the most commonly-issued assault charge in Colorado.
The seriousness of the criminal charges will depend on multiple factors, including:
The defendant’s intent
Whether or not a deadly weapon was involved
The severity of the injuries inflicted or severity of risk the victim faced
Whether the victim was serving as a law enforcement officer, firefighter, emergency medical services (EMS) provider, judge, or employee of a detention center, at the time of the assault
In addition, Colorado law applies a few additional considerations to assault charges, including:
Crime of Violence (COV) – Colorado includes sentence enhancements for crimes of violence as defined by state law. Both first and second degree assault are considered crimes of violence under Colorado law meaning that if you are convicted the penalties are increased to no less than the mid-range of the presumptive range and up to twice the maximum of the presumptive range.
Extraordinary Risk – Crimes that involve extraordinary risk include child abuse, unlawful sexual contact, violation of a restraining order, and third-degree Class 1 (misdemeanor) assault. Extraordinary Risk can increase the maximum sentence ordered by the court. This means that a normal Class 1 Misdemeanor could be increased to a two-year county jail sentence, for example.
Assault crimes are listed in Part 2 of Article 3 in Title 18 of the Colorado Revised Statutes. The three degrees of assault crimes are classified as follows:
Assault in The First Degree, Colorado Revised Statute § 18-3-202
A person commits assault in the first degree if they, with intent to cause serious bodily injury to another person:
Cause serious bodily injury to any person by means of a deadly weapon
With intent to seriously and permanently disfigure another person or to permanently destroy, amputate, or disable a member or organ of their body, cause such an injury to any person
Under “circumstances manifesting extreme indifference to the value of human life,” knowingly engage in conduct creating a grave risk of death and causing serious bodily injury to any person
Threaten a firefighter, emergency medical service provider, or peace officer engaged in the performance of his or her duties with a deadly weapon with intent to cause serious bodily injury
Threaten a judge or officer of a court of competent jurisdiction with a deadly weapon with intent to cause serious bodily injury
With intent to cause serious bodily injury to a person employed by or under contract with a detention facility or a person employed by the division in the department of human services responsible for youth services while lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child, threaten such a person engaged in the performance of their duties with a deadly weapon
With the intent to cause serious bodily injury, apply pressure to restrict or impede the circulation or breathing of the blood of another person by either applying pressure to their neck or blocking their nose or mouth (also known as strangulation) and thereby causes serious bodily injury.
Penalties for Assault in The First Degree
Class 5 Felony
Assault in the First Degree is a Class 5 Felony when an assault is “committed in the heat of passion caused by a highly provoking act of the alleged victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard.”
A Class 5 Felony Assault in the First Degree is a crime of violence (COV) that is also a crime that presents an extraordinary risk of harm to society and is punishable by a range of 30 months to eight years in prison and a fine of $1,000 to $100,000.
Class 3 Felony
Assault in the First Degree is a Class 3 Felony when a person intentionally uses a deadly weapon to cause serious bodily injury to another person, conduct that creates a grave risk of death, causing serious bodily injury to another person in the flight from commission of a crime, or threatens a fireman or peace officer or detention facility employee with a deadly weapon and intent to cause harm.
A Class 3 Felony Assault in the First Degree is a crime of violence that is also a crime that presents an extraordinary risk of harm to society and is punishable by a range of 10 to 32 years in prison and a fine of $3,000 to $750,000.
Assault in the Second Degree, Colorado Revised Statute § 18-3-203
A person commits assault in the second degree if they, with intent to cause bodily injury to another person:
Causes serious bodily injury to that person or another
Cause such injury to any person by means of a deadly weapon
Intentionally cause bodily injury to any person with intent to prevent a firefighter, emergency medical service provider, emergency medical care provider, or peace officer from performing a lawful duty
With intent to prevent a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, intentionally cause serious bodily injury to any person;
use a deadly weapon to recklessly cause serious bodily injury to another person
Intentionally cause unconsciousness, stupor, or other mental or physical impairment or injury to another person by administering to them, without their consent, a drug, substance, or preparation capable of producing the intended harm
While lawfully confined or in custody, knowingly and violently apply physical force against a firefighter, emergency medical service provider, or peace officer engaged in the performance of their duties, or a judge or officer of a court of competent jurisdiction, or, knowingly and violently apply physical force against an employee engaged in the performance of their duties at a detention facility while lawfully confined or in custody.
Penalties for Assault in the Second Degree
Class 6 Felony
Assault in the Second Degree is also a Class 6 Felony when it is committed upon a sudden heat of passion.
A Class 6 Felony Assault in the Second Degree is a crime of violence that is also a crime that presents an extraordinary risk of harm to society and is punishable by a range of 18 months to four years in prison and a fine of $1,000 to $100,000.
Class 4 Felony
Assault in the Second degree is a Class 4 Felony if the alleged offender:
With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another
Intentionally causes serious bodily injury to another person, attempts to cause serious bodily injury with a deadly weapon
Causes bodily injury with intent to prevent a peace officer or firefighter from performing their duty, recklessly causes serious injury through use of a deadly weapon
Harms someone by means of administering a drug or other substance, or when lawfully confined
Uses physical force against a firefighter, peace officer, judge, court officer, or other detention facility employee or contract employee in the performance of their duties.
A Class 4 Felony Assault in the Second Degree is a crime of violence that is also a crime that presents an extraordinary risk of harm to society and is punishable by a range of five to 16 years in prison and a fine of $2,000 to $500,000.
Class 3 Felony
Assault in the Second Degree is a Class 3 Felony if the alleged victim suffers serious bodily injury during the commission of certain crimes or the flight from the commission or attempted commission of certain crimes.
A Class 3 Felony Assault in the Second Degree is a crime of violence that is also a crime that presents an extraordinary risk of harm to society and is punishable by a range of 10 to 32 years in prison and a fine of $3,000 to $750,000.
Assault in the Third Degree, Colorado Revised Statute § 18-3-204
A person commits assault in the third degree if they knowingly or recklessly cause bodily injury to another person:
Cause bodily injury to another person by means of a deadly weapon with criminal negligence
With intent to harass, annoy, threaten, or alarm a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, cause another person to come into contact with seminal fluid, vomit, saliva, feces, urine, mucus, blood, or any caustic, toxic, or hazardous material by any means.
Penalties for Assault in The Third Degree
Class 1 Misdemeanor
Assault in the Third degree is a Class 1 Misdemeanor if the alleged offender:
Knowingly or recklessly causes bodily injury to another person
Uses a deadly weapon to cause bodily injury to another person and with criminal negligence or intent to alarm, injure, infect, harass, or threaten a firefighter, emergency medical care provider, emergency medical technician or peace officer causes that person to come into contact with seminal fluid, vomit, saliva, feces, urine, mucus, blood, or any caustic, toxic, or hazardous material by any means.
A Class 1 Misdemeanor Assault in the Third Degree is a crime that presents an extraordinary risk of harm to society punishable by six to 24 months in jail and a fine of $500 to $5,000.
Vehicular Assault, Colorado Revised Statute § 18-3-205
A person commits vehicular assault when they operate or drive a motor vehicle in a reckless manner and the conduct is the proximate cause of serious bodily injury to another person.
Penalties for Vehicular Assault
Class 5 Felony
Vehicular Assault is a Class 5 Felony when an alleged offender drives a motor vehicle in a reckless manner and the conduct is the proximate cause of serious bodily injury to another person.
A Class 5 Felony Vehicular Assault is generally punishable by one to three years in prison, but extraordinary aggravating circumstances may enhance the sentencing range to six months to six years and a fine of $1,000 to $100,000.
Class 4 Felony
It is a Class 4 Felony when an alleged offender operates a motor vehicle under the influence of alcohol or drugs and that drug or alcohol use is the proximate cause of serious bodily injury to another person.
A Class 4 Felony Vehicular Assault is generally punishable by two to six years in prison, but extraordinary aggravating circumstances may enhance the sentencing range to one to 12 years and a fine of $2,000 to $500,000.
Menacing, Colorado Revised Statute § 18-3-206
A person can be charged with menacing if they knowingly place or attempt to place another person in fear of imminent serious bodily injury through any threat or physical action.
Penalties for Menacing
Class 3 Misdemeanor
Menacing is a Class 3 Misdemeanor when an alleged offender knowingly places or attempts to place another person in fear of imminent serious bodily injury by any threat or physical action.
A Class 3 Misdemeanor Menacing crime is punishable by up to six months in jail and a fine of $50 to $750.
Class 5 Felony
Menacing is a Class 5 Felony when an alleged offender menaces another person by use of a deadly weapon, any item used in a manner that causes a person to reasonably believe that the item is a deadly weapon, or represents verbally or otherwise that they are armed with a deadly weapon.
A Class 5 Felony Menacing crime is punishable by one to three years in prison and a fine of $1,000 to $100,000.
Schedule a Free Consultation
If you have been charged with assault in Colorado, you need an experienced Denver assault lawyer to protect your rights. For more than a decade, Kevin has exclusively defended those facing criminal charges in Colorado and was named Attorney of the Year in 2007 for the Denver Trial Office of the Colorado State Public Defender.