Felony assault and battery charges are serious charges in Colorado and should always be handled by an aggressive and experienced defense attorney.
The Denver criminal defense attorneys at Rosenthal & Heymann offer free and confidential consultations to anyone facing felony assault charges throughout the Denver area, including Boulder, Aurora, Lakewood and Englewood.
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Colorado Assault Charges
- First-Degree Assault: Class 3 felony carrying penalty of 4 to 16 years in prison. Categorized as a Crime of Violence, a 10-year minimum sentence is mandated.
- Second-Degree Assault: Class 4 Felony, carrying a penalty of 2 to 6 years in prison, with a 5-year minimum for Crimes of Violence.
- Third-Degree Assault: Class 1 misdemeanor, up to 2 years in jail.
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Colorado Felony Assault/Second-Degree
Second-degree assault charges can be filed in Colorado under a number of circumstances, including:
- Drugging someone without consent
- Intentionally causing bodily injury with a deadly weapon.
- Recklessly causing serious bodily injury with a deadly weapon.
- Causing bodily injury to a law enforcement officer or firefighter.
- Knowingly using physically violent force against a law enforcement officer, firefighter, judge or prison guard.
Colorado Felony Assault/First-Degree
First-degree assault charges are the most serious assault charges under Colorado law, carrying a penalty of up to 16 years in prison, with a 10-year minimum sentence in some circumstances. First-degree assault charges may apply in a number of cases, including:
- Intentionally causing serious bodily injury to another person.
- Intentionally causing serious disfigurement or disability.
- Acting with extreme indifference to human life by creating grave risk of death and causing serious bodily injury to another.
- Threatening a police officer, firefighter, judge or prison employee with a deadly weapon with the intent to cause serious bodily injury.
Colorado felony assault charges can be challenged on a number of fronts by an aggressive and experienced Denver criminal defense lawyer:
- Actions of defendant: By proving that you did not act intentionally, the charges may be reduced or even dismissed.
- Extent of Injuries: The difference between “bodily injury” and “serious bodily injury” can amount to years shaved off a possible prison sentence. The law defines bodily injury as almost any injury, while serious bodily injury typically involves the threat of death and serious disfiguring or debilitating injuries. In cases where a defendant is overcharged based on the seriousness of the injuries, a veteran defense attorney can argue for a reduction in charges or even a dismissal of the case.
- Deadly Weapon: Law enforcement has been known to use a very liberal definition of what constitutes a deadly weapon. In fact, federal studies have shown guns or knives are typically in the minority when it comes to instruments used to charge people with “deadly weapon” offenses. Vehicles, vases and frying pans can be charged as deadly weapons. When a defense attorney is successful in arguing the characterization of an instrument as a “deadly weapon,” a reduction or dismissal of the charge is possible.
- Affirmative Defenses: Acting in self-defense or in the “Heat of Passion” can be legitimate defenses to a felony assault charge, which can result in a reduction or dismissal of the charges.
Additionally, the attorneys, investigators and professional legal staff at Rosenthal & Heymann will challenge evidence at each stage of your case and force the state’s attorneys to prove every element of the crime against you. We believe our aggressive approach to the defense of our clients can allow us to negotiate from a position of strength as we prepare your case for trial and fight for the best outcome possible for your particular legal situation.
If you are facing felony assault charges in Denver or the surrounding area, contact us today for a free and confidential consultation to discuss your rights.
Rosenthal & Heymann – Call 303-825-2223 – Free Consultation