Fights and arguments which involve pushing or shoving generally result in some type of Assault charge. Municipal charges for Fort Collins, Loveland and Estes Park are often called “assault and battery”. When a weapon is involved, felony charges in the District Court are certain to follow. These charges are serious; having an experienced assault defense attorney in Larimer County is important for your freedom.
- First Degree Assault – C.R.S. 18-3-202
- Second Degree Assault – C.R.S. 18-3-203
- Third Degree Assault – C.R.S. 18-3-204
Information about the Three Degrees of Assault
First Degree Assault
First Degree Assault, C.R.S. 18-3-202, can result in a sentence to the Department of Corrections. Colorado treats this crime very seriously because it involves intent to cause serious bodily injury, which results in serious bodily injury, caused by a deadly weapon. This crime also occurs by a threat to a police officer with a deadly weapon, with the intent to cause serious bodily injury to a police officer. There are other variations of this crime, all which involve mandatory prison time.
Second Degree Assault
If a person intends to cause bodily injury to another person, and does so with a deadly weapon, he or she can be charged with Second Degree Assault, C.R.S. 18-3-203. “Bodily injury” is defined as the infliction of pain, and is easily met. If someone causes bodily injury to a police officer in an effort to prevent them from doing their job, they can be charged with this crime. In many, but not all circumstances of this crime, a sentence to prison is mandatory.
Third Degree Assault
Third Degree Assault, C.R.S. 18-3-204, is a misdemeanor, and comes from striking someone when they suffer bodily injury (“pain”). If there is no pain, it is charged as harassment. A sentence of probation or up to 2 years in the Larimer County Jail is possible upon conviction. It is an extraordinary risk crime, the punishments are harsher and the maximum penalty range is higher.
Fort Collins Assault Defense Attorney: Why Self Defense is Important in Assault Charges
Self defense can be an absolute bar to a conviction in the event it is properly presented to the court and jury. We have the best chance of successfully using this defense when our clients don’t give any statements to the police. So, never talk to police or try and justify your conduct. Only an experienced assault defense attorney in Larimer County can successfully advance this defense under the Rules of Criminal Procedure and Colorado Statute.