Colorado Springs Assault Defense Attorney

Fight Back against Your Colorado Springs Assault Charge

Criminal assault in Colorado does not have to be premeditated. Simply being pulled into a fight at a bar or letting an argument with someone you know get out of hand is enough to potentially land you an assault charge.

If you do find yourself accused of assault, do not take the charge lightly. Consequences can be severe, and your best chance at a positive outcome is to get legal support.

That’s where The Law Office of Andrew Bryant comes in. We can help you navigate the criminal justice system with years of experience to help fight for your best interest.

What Does It Mean to Assault Someone in Colorado?

To successfully fight against assault charges, you first need to understand what assault is in a legal sense. In the state of Colorado, assault is identified as contact made unlawfully with another that results in injury to them.

What makes assault charges even more complicated is the fact that they can be treated as a misdemeanor or a felony. What charge you face depends on how severe the actions were and who was involved in the alleged crime.

In our state, there are several degrees of assault a person can be charged with. They include:

First Degree Assault

This is the most serious level of assault that can be charged in Colorado. It is defined as one person intentionally causing serious injury to another person by using a deadly weapon.

In this case, serious injury is defined as an injury that carries with it the potential for permanent impairment of a body part, disfigurement, or death. This crime is one that the court views as committed with extreme indifference to human life.

Assault at this level is considered a crime of violence. That means that when you are charged with first-degree assault and convicted, the judge must sentence you at the midpoint of the presumptive sentencing range and cannot exceed twice the maximum.

That can mean a prison sentence of anywhere from 10 to 32 years if convicted, depending on the circumstances of the case.

Second Degree Assault

This degree of assault involves acting intentionally to injure another person. This level of assault is normally charged in cases where a police officer was injured, or they were prevented from carrying out their duties.

Additionally, this level of assault can cover crimes involving giving a substance to another person without first getting their consent, recklessly causing injuries to another person, or intentionally using a deadly weapon in the commission of the crime.

Just as with first-degree assault, this is considered a crime of violence, and you can face anywhere from five to 12 years in prison for second-degree assault in Colorado.

Third Degree Assault

Assault in the third degree occurs when someone negligently, knowingly, or recklessly causes harm to another person with a deadly weapon. It also may qualify as third-degree assault if a person harasses, threatens, or annoys a police officer.

This level of assault differs from the other two in that it is a misdemeanor, but still a crime of extraordinary risk. That translates to a potential jail sentence of anywhere from six to 24 months if found guilty. If the victim was a police officer, at-risk adult, pregnant woman, or first responder, there is a minimum sentence of six months in jail.

Charges Commonly Associated with Assault in Colorado Springs

Often, those who are charged with assault are also charged with associated crimes that may have taken place when the assault was perpetrated. This is yet another reason why securing an experienced Colorado Springs criminal attorney as soon as possible after you have been arrested is in your best interest.

While any number of charges can be added to an assault case based on how the crime was committed, there are a few that often accompany it:

Assault with a Deadly Weapon

This crime is often added to an assault charge when there is a knife, gun, or any type of object that was created for the purpose of killing or significantly injuring another person.

Vehicular Assault

If the circumstances surrounding the assault included the use of a vehicle in addition to a deadly weapon or in place of one, vehicular assault may be charged. In many cases, the prosecutors also add reckless driving to the charges.

Assaulting a Police Officer

This can apply to an assault charge when the victim is a police officer, as well as any other protected federal or state employee.

Aggravated Assault

This charge is associated with the level of assault perpetrated. It is possible for first- and second-degree assault charges to be labeled as aggravated assault, depending on the details of the crime.

Crime of Passion

If the assault took place as a form of revenge on, for example, your spouse for cheating, it can significantly increase how a person is charged with an assault crime.

Battery or Menacing

In the state of Colorado, menacing is used in place of what many other states may refer to as battery. This occurs when someone puts another person in fear of being injured or shows them something that is meant to make the victim think they have a deadly weapon.

Domestic Assault

When an assault is perpetrated against a family member or a member of your household, it is considered domestic assault.

Harassment

Taking actions such as shoving, kicking, stalking, threatening, hitting, or touching another without consent is considered harassment. This can be a complicated charge because it is not something that must occur in person. It can be committed through social media, over the phone, or even via email.