Assault

AssaultAssault charges in Colorado are a serious matter and a conviction will remain on your record for life. If you are facing assault charges, including misdemeanor or felony assault, domestic violence, harassment, or child abuse; your defense may rest on finding an experienced attorney.

Being a suspect or being charged with a crime can be a frightening experience. If you are being investigated for assault or have already been charged DO NOT speak to the police. Police Investigators use a variety of tactics to coerce confessions and other incriminating statements from their suspects; including promises of rewards for cooperation.

Some of the factors that may influence the severity and the degree of the assault charges filed against you are the extent of the injuries claimed and any prior acts of violence on your record. If convicted, sentences for assault can range from fines and probation for a simple assault to significant jail time for aggravated assault involving weapons or a serious bodily injury.

  • Third Degree Assault (Class One Misdemeanor) – A third degree assault conviction could result in a sentence for up to 2 years in jail. There are a number of behaviors which could result is a person being charged with third degree assault. If your assault was associated with domestic violence, you will be required to attend mandatory domestic violence classes during your probation.

  • Second Degree Assault (Class 4 Felony) - You can be charged with Second Degree Assault if you caused bodily injury intentionally with or without the use of a deadly weapon. There are several other variations of this offense as well. Second Degree Assault carries a minimum mandatory sentence of 5 years in prison as a *Crime of Violence unless the crime was carried out in the “**HEAT OF PASSION.”

  • First Degree Assault (Class 3 Felony) – Many behaviors can result in your being charged with First Degree Assault; most involve the intent to cause serious bodily injury and the use of deadly weapons. First Degree Assault carries a minimum mandatory sentence of 10 years in prison as a *“Crime of Violence.”

► If you are charged with and it is found that your assault was a "crime of violence" and not a "heat of passion;" you will be sentenced to a mandatory minimum number of years in prison which depends on the class of felony for which you were found guilty.

► If you are sentenced to prison; you will also be sentenced to a mandatory period of parole and again that depends on the class of felony for which you were found guilty.

  • ► *A "Crime of Violence" will involve a mandatory sentence to prison if convicted. The judge has no option under the law except to sentence a defendant to at least the midpoint of the presumptive sentence range: Second Degree Assault would be a minimum sentence of five (5) years; and

  • First Degree Assault would be a minimum sentence of ten (10) years.

► **If the assault was committed in the "Heat of Passion," then the District Attorney may choose to file the Second Degree Assault as a Class Six Felony, instead of a class four. This reduces the possible penalties and takes it out of Mandatory sentencing under the Crime of Violence statutes. Heat of passion is not Self-Defense. Heat of Passion mitigates or minimizes your actions by making them less severe in terms of sentencing. Self-Defense is an affirmative or complete defense to the crime of assault. Whereas; committing an assault in the heat of passion means that you committed the assault, but were provoked by the other person into committing the assault.