Experienced Criminal Defense Attorney Handling Assault Cases in Boulder, CO
If you physically harm another person, you may be charged with a criminal offense under Colorado criminal law and become part of the criminal justice system. While this seems relatively straightforward, Colorado’s physical assault laws are quite complex. For example, in some situations, if you cause a public official to come into contact with your bodily fluids, you could be charged with assault. Domestic violence cases present unique challenges and risks as well—and, in all cases, engaging an experienced defense lawyer is essential for protecting yourself by all means available.
We Are Committed to Defending Our Clients’ Rights and Protecting Their Future
Understanding Colorado’s physical assault laws is an important part of protecting your constitutional rights and your clients’ rights if you are facing criminal charges or have been accused of a crime. At McCabe Law, our law firm believes that every person should be educated about the law — and that each of us deserves the best possible defense if charged with a criminal offense, particularly when facing serious consequences related to domestic violence, sexual assault, or other specific offenses.
Our firm is dedicated to defending clients against Colorado criminal charges in a wide range of cases, including first-degree murder, aggravated robbery, drug offenses, drug charges, DWAI charges, and certain traffic offenses such as reckless driving, as well as matters involving indecent exposure and various petty offenses. In all criminal defense cases, we pride ourselves on our aggressive negotiation strategy, readiness for trial, and our dedication and personal attention to each individual client as aggressive attorney advocates. To learn more or to schedule a free consultation with a Boulder assault defense lawyer, contact our firm today at 720-713-7416 or email us to schedule a confidential consultation.
Understanding the Degrees of Criminal Charges for Assault in Colorado
In Colorado, a physical assault occurs when you knowingly, recklessly, or intentionally cause bodily injury to another person. It is defined by degree (first, second, or third) based on your intent, the severity of the injury, whether you used a deadly weapon, and the identity of the victim. If the victim was a first responder, a judge, or an employee of a prison or jail, it will increase the level of the charge and may result in severe penalties for this serious offense.
Under the law, a deadly weapon includes a firearm, a knife, and any other weapon or device that can be used to cause death or serious bodily injury.
Bodily injury is defined as physical pain, illness or any impairment of physical or mental condition. A serious bodily injury is one that involves a substantial risk of death, permanent disfigurement, protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures or burns of the second or third degree.
First degree assault is the most serious level and can be charged when you
- Intend to disfigure another person and do so – such as causing scars or permanent disability
- cause serious bodily injury to another person with extreme indifference to the value of human life
- cause serious bodily injury with the use of a deadly weapon
- with the intent to cause serious bodily injury, you choke another person
- or threaten a public official with a deadly weapon with the intent to cause serious bodily injury
Second degree assault charges are more common than first, and include:
- intentionally drugging another person against their will
- causing bodily injury and intending to do so
- causing serious bodily injury without a deadly weapon – such as getting into a bar fight and while using your fists you break the other person’s nose
- threatening a public official with an intent to cause serious bodily injury while lawfully confined in a jail or prison; or you knowingly or violently apply physical force against a public official while doing their job; or cause them to come into contact with bodily fluids to infect, injure, harm, harass, annoy, threaten, or alarm them
Finally, Colorado prosecutors can charge assault in the third degree if you knowingly or recklessly cause bodily injury to another person. This can include slapping, shoving, or hitting another person.
Penalties for the Crime of Assault in Colorado
In the Colorado legal system, there are harsh penalties for physical assault convictions. Depending on the degree of the assault and the level of violence used, you may be facing a significant amount of jail time, time in county jail, and a hefty fine, along with other penalties.
The potential penalties for assault charges in Colorado are based on the “degree” of the offense charged. There are three degrees of assault charges under Colorado law:
First-Degree Assault
First-degree assault is considered a “crime of violence,” and is a felony offense. Crimes of violence are usually subject to stiffer penalties as compared to non-violent crimes. For felony assault in the first degree, the punishment may include between 10 and 32 years in prison, and/or a fine of between $3,000 and $750,000.
Second-Degree Assault
Second-degree assault is also a felony offense. If you use a deadly weapon during an assault, it is considered a crime of violence, which will result in a sentence enhancement. A sentence for non-violent second-degree assault may include a sentence of between 2 and 6 years in prison and $2,000 to $500,000 in fines, while a violent crime enhancement will result in a sentence of between 5 and 16 years in prison.
Third-Degree Assault
Third-degree assault in Colorado is charged as a misdemeanor and requires evidence of criminal negligence. However, it is an “extraordinary risk” crime, which means that anyone convicted of this offense may be subjected to an additional 6 months in jail rather than the standard misdemeanor penalty of up to 18 months. A potential sentence for this crime includes between 6 and 24 months in jail and a fine of between $500 and $5,000.
Possible Defenses to First, Second, and Third-Degree Assault Charges
As with all criminal cases, the defense to a Colorado assault charge will depend on the facts of the case and the available physical evidence. For example, if you were acting in self-defense or in defense of another person, your Boulder assault defense lawyer may be able to use that fact to argue that you are not guilty of a crime.
There are a number of other potential common defenses that may be used depending on the specific charge. Consider a situation where you were charged with assaulting a person with a deadly weapon, and that deadly weapon was actually your bag that you swung at someone. Firstly, you should remain silent and seek immediate legal guidance about your legal options, as your lawyer may be able to argue that the bag was not actually a deadly weapon, and the charge should be reduced or dismissed.
A defense may also rest on your intent. If you did not intend to hurt someone, and an injury happened by accident, that could be a way to defend against the charges. Similarly, if you did not act knowingly or recklessly, that may defeat a Colorado assault charge. Your attorney will thoroughly investigate your case, including a false accusation or even a mistaken identity possibility, to develop a strong factual and legal defense strategy to pursue the best outcome in the charge or charges against you.
Every case is unique, and this is critical to keep in mind as you think about your defense. Depending on the circumstances of your case, it may be possible to:
- Have your charges reduced
- Have your case dismissed prior to trial
- Secure a “Not guilty” verdict in court
With that said, there are no guarantees, and building and executing a strong defense is essential for mitigating the consequences of your assault arrest. When you hire Boulder assault defense attorney Janene McCabe to represent you, she will review all the evidence, evaluate all potential defenses, and use her experience to help protect you at all stages of the legal process.
How a Boulder Assault Defense Attorney Can Help
Colorado’s assault laws are complex and require the assistance of an experienced criminal defense attorney who has in-depth knowledge of both the laws and how they are applied. In assault cases, engaging experienced legal counsel can make all the difference. As a former public defender with more than 25 years of combined experience in public and private practice and a proven track record, Boulder assault defense lawyer Janene K McCabe has the skill and the ability to work tirelessly to achieve the best outcome and defend Coloradans against all degrees of physical assault charges.
Discuss Your Assault Case with an Experienced Criminal Defense Lawyer in Boulder County, CO
Based in Boulder, CO, McCabe Law works with clients throughout Colorado, including Boulder County. Our Boulder criminal defense attorneys serve clients in Boulder, Broomfield, Adams, Arapahoe, Jefferson, Larimer, Weld, and Denver Counties. If you have been charged with any degree of assault in Colorado, contact our firm today at 720-713-7416 or online to schedule a consultation with a seasoned Boulder criminal defense lawyer.