Colorado Assault & Battery Attorney

First Degree, Second, or Third???

The Colorado criminal laws set out three degrees of assault. First and Second Degree Assault are charged as felonies, and Third Degree Assault is a misdemeanor. The class of assault can be determined by the injuries inflicted, the intent to inflict injury, whether a weapon was used, and the identity of the alleged victim.

Generally, a physical attack that ends without injuries or weapons has a good chance of being charged as Third Degree Assault, a misdemeanor. If an alleged victim suffers serious injury it’s more likely to be charged as Second Degree Assault, a felony. If a deadly weapon is used, expect First Degree Assault.

Certain scenarios can cause a particular assault to be charged at a higher or lower degree than might otherwise be expected. If a police officer or judge is assaulted, if serious bodily injury is intended, or results from reckless conduct, and whether a partcular weapon qualifies as “deadly” are some of the factors that can determine how an assault should be charged.

Assault is considered a crime of violence in Colorado, which means when somone is convicted of assault, the minimum sentence is harsher than it would otherwise be for a similar classed crime. Although Third Degree Assault is a misdemeanor in Colorado, it can result in up to two years in jail in some cases.

Accordingly, conduct that is easily blown off as just a fight between kids or a shove at the bar can also be the subject of serious criminal prosecution. If in Colorado, you need the assistance of an aggressive criminal defense attorney. I provide assault defense in Denver, Arapahoe County, Adams County, Jefferson County (Jeffco), Boulder, Douglas County, and Municipal Courts in the Denver Metro area including Denver Municipal and Aurora Municipal.

There are a number of effective defenses to assault charges, but almost all are very fact-specific. Your best defense will depend on the facts of your case and what evidence the state is able to prove at trial. I can help evaluate the state’s case against you and I will work with you to identify your best defense.

Call assault lawyer Vernon Ready for a free consultation.