Assault charges are some of the most varied criminal charges in all of Colorado law. In general, these charges are interpreted as any situation wherein unwanted touching of another person occurs. A variety of assault charges are considered felonies, while others are misdemeanors. All of them, however, are serious cases that can have real consequences, so we recommend reaching out to a highly trained criminal defense attorney as soon as possible if you’ve been accused of assault in any form.
First-Degree vs Second-Degree Assault in Colorado
These represent the two main types of assault charges tried in Colorado courts, and they differ in several meaningful ways. First-degree assault is more severe, usually requiring proof of malicious intent to seriously injure a person – including law enforcement and first responders, judges, and other professionals – using a weapon.
First-degree assault is almost always charged as a Class 3 felony unless the court determines that the assailant was sufficiently provoked. Words are not usually enough to be considered here, though; this mainly applies to individuals who are attacked and defend themselves. In these cases, charges may be brought down to a Class 5 felony instead.
Second-degree assault usually refers to any situation where a person is injured in a non-serious way. This can include the use of drugs to harm another individual. Second-degree charges are usually lesser in severity, resulting in a Class 4 felony if provocation is not involved, or a Class 6 if it is.
Other Forms of Assault
There are several other types of assault as defined by law in Colorado. These include vehicular assault, menacing, criminal extortion, and other intimidation-based situations. These can often result in Class 4 or 5 felony charges, depending upon the specifics of the case. Regardless of which type of assault you are accused of, it is vitally important to begin formulating a solid defense right away. At Deere Law, our team of legal professionals can help you do just that.
As an additional note, instances where drunk driving results in an injury to one or more people can be charged as vehicular assault in Colorado. These charges are often brought on top of DUI and other criminal charges, so it's very important to be aware of this going into your trial.
Dealing With Your Assault Charges
Having assault charges leveled against you can be a harrowing ordeal. In our experience, these situations are almost always more complicated than they appear to be on paper. Because of this, it is our number one goal to collect all of the facts as they relate to your case, presenting any and all options for your defense in a clear, actionable way.
If you’ve been arrested on suspicion of committing assault in any form, reach out to Josh Deere and the experts at Deere Law today. It’s our commitment to you that we will examine your case thoroughly, protecting your rights and supporting you in any other way that we can. Reach out to us, and we'll get through this together.