Third Degree Assault In Colorado - Felony Third Degree Assault First Degree Assault and Domestic Violence: #2 Arrests in Colorado Posted by Colin on Jun 13, 2020
Understanding the different levels of Colorado's assault laws doesn't have to be a huge challenge. If you or someone you know has been charged with assault, the Law Offices of Cole can help! We believe it is important to know as much as you can about assault charges, the elements involved, and the different levels of assault. We consider different definitions of first-degree assault, second-degree assault, and third-degree assault. We're here to help you understand the penalties and any other information that can help protect you or someone you love in the event of an assault charge.
Third Degree Assault In Colorado
We often hear "assault and battery" in the same sentence, but it's important to know that they are different and almost never coexist in Colorado law. Although often used together, they are distinct terms for different situations and should be treated as such.
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"Conduct, either intentionally or unintentionally, causing physical harm or injury to any person by violent physical contact or by the use of a weapon."
In short, the term "assault" refers to actual harm, as opposed to threats or acts of intimidation, which are classified as "battery."
Allegations of abuse can be defined in three degrees. Each of them has a unique punishment depending on the level of destruction of people. The law is not concerned with whether the acts were intentional or negligent – the penalty for the level of injury remains the same unless the case falls under the category of “self-defense”.
Whether the assault is first, second or third will depend on whether the injury inflicted is determined to be "grievous bodily harm" or "bodily harm." The difference between the two means a completely different sentence length and a different criminal record if you're convicted. A first-degree assault charge requires serious bodily harm, defined as an injury that results in serious death, disfigurement, long-term loss or impairment of any bodily function, whether of organs or other parts. These include broken bones, second and third degree burns, and fractures.
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Bodily injuries also apply to second- and third-degree assault charges, and generally mean physical pain, illness, or impairment of physical or mental functioning. It can literally mean, "You hugged me and it hurt me." It is very minor and does not even require medical attention.
Let's take a look at the three degrees of assault in Colorado and how each is defined.
First degree assault is the most serious and a felony in the state of Colorado. A person is charged with such an offense if he intentionally causes serious injury, disfigurement or disability to another person. The term applies even if the serious injury is unintentional – conduct that shows a complete lack of respect, consideration or regard for another human life and causes serious bodily injury can also be included in the category of first degree assault. Aggravated assault is when someone intentionally uses a weapon to harm or threaten a police officer, firefighter, paramedic, prison employee or other protected personnel in the performance of their duties.
First-degree assault is considered a felony, classified as a Class Three felony, and carries a minimum sentence of six years in prison. If you are provoked or involved in the person to abuse, the term "heat of passion" will be used to temper your actions. This would state the attorney assault charges as second degree assault instead of third and reduce the penalties, usually reducing the sentence to at least two years.
Class 1 Misdemeanors In Colorado
If you can file a case under self-defense, it will protect your innocence in light of the fact that you have committed an assault or harmed another person.
What distinguishes second-degree assault from first is the level of physical harm – serious/potentially fatal harm to another is classified as first-degree assault, while second-degree assault, when it involves physical harm, is less than fatal. . The definition of bodily injury includes physical pain, sickness, cuts, scrapes, burns, bruises or disfigurement, impairment of bodily function, limb or mental function, however temporary. Second-degree assault is still prosecuted as knowingly or recklessly causing bodily harm to another person, and includes causing injury to a protected employee in the performance of his duties.
In addition to the above, a second degree assault charge applies if you drug someone without their consent in an attempt to impair bodily function.
Acts 1-4 are considered violent crimes and mean a mandatory prison sentence if the abuser is found guilty.
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Under Colorado state law, second-degree assault is a felony and a class four felony. The sentence includes a minimum of four years in prison. If the crime is determined to be in the heat of passion, such as first-degree assault, the sentence can be reduced to a minimum of 15 months.
With a recent change in the law, many misdemeanors are not charged as a crime. That's because of Colorado's new choking law.
If you are charged with a crime, there are many consequences that can be devastating. A felony can cost you your job or your ability to find future jobs, as well as housing. You can lose your right to own a gun and your right to vote. If you are in the military, this can jeopardize your career.
When the domestic violence charge is a felony, the Victim's Rights Declaration is now used as a sword to attack a defendant, not as a shield to protect a victim. Also, the law requires mandatory arrest. It was previously discussed in a blog that if law enforcement has "probable cause" to believe you committed domestic violence, Colorado law requires you to be arrested "without undue delay." If the police do not believe they can prove the case beyond reasonable doubt, they will arrest you. Acting in self-defense, if the police find out, they will arrest you. If the caller does not want to call the police, you will be arrested. If you call the police and someone claims they were strangled...yeah, call me when you get out of jail.
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Prohibition Against Avoiding Charges: In most criminal cases, prosecutors can dismiss your case if they cannot prove the case morally beyond a reasonable doubt. In a domestic violence case, the prosecutor will proceed with the case against you even if they don't think they can prove the case beyond a reasonable doubt. You need an experienced lawyer who can argue that the case can be dismissed if possible.
In the state of Colorado, third degree assault is defined as recklessly or intentionally inflicting bodily harm with a deadly weapon. Intentionally harming, threatening or harassing a police officer, firefighter or other protected employee with a dangerous weapon or drug is punishable under third degree assault.
According to the State of Colorado, third degree assault is considered a class 1 misdemeanor. Depending on the nature of the crime, the incident can be characterized as high-risk, and a third-degree conviction can carry up to two years in county jail. It depends on the discretion of the judge, perhaps the jury in a third-degree assault trial, and some other considerations—whether it's a first offense or a second offense of a similar nature to the first offense, and the surrounding circumstances. Violent acts mitigated or justified it. If third degree assault charges are filed under domestic violence, the sentence will most likely include mandatory assault classes. It is important to note that domestic violence is not a charge in itself, but a penalty enhancement for an existing charge.
There are four factors that judges consider if you face an assault or felony charge in Colorado. Using a deadly weapon? What was your mood? What was the extent of the victim's injuries? Is the victim a public official?
Three Degrees: Co Assault With A Deadly Weapon
Many can be considered deadly weapons. Guns and knives are obvious, but depending on the circumstances surrounding the case there are many household items that fall into this category and those that don't.
The most reprehensible state of mind is one intended to harm the defendant.
Bodily injuries refer to physical pain, disease and/or impairment of physical or mental condition – criteria for third degree assault. Serious bodily injury, on the other hand, usually leads to a felony that may involve fractures, second or third degree burns, substantial risk or death or permanent disfigurement, or substantial risk.
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