A person commits assault when he recklessly or intentionally injures someone else. But, this is just a general definition of assault. The law in Colorado goes into much more detail by defining various types of assault crimes.
First vs. Second vs. Third Degree Assault
Assault can be charged in the first, second, or third degree in Colorado. The charge that you face will depend on a number of factors, including intent, the presence of a deadly weapon, the occupation of the victim, and the severity of the victim’s injuries. For example, causing serious bodily injury with a deadly weapon is first degree assault, whereas causing serious bodily injury without a deadly weapon is second degree assault. Threatening a public official such as a judge, firefighter, or police officer with a deadly weapon can be charged as first degree assault. However, exposing a public official to hazardous materials or bodily fluids with the intent to annoy or harass him or her is considered assault in the third degree.
These two examples illustrate how factors such as the intent of the crime, the victim, and the use of a deadly weapon could affect the charges that you face.
A person can also be charged with vehicular assault in the state of Colorado. This crime is committed when someone’s reckless driving seriously injures another person. The defendant does not need to be under the influence of alcohol or drugs in order to be charged with this crime. As long as the defendant’s driving was reckless enough to cause a serious injury, he can face charges regardless of whether he was intoxicated or not.
Defending Assault Charges
There are a number of ways that a criminal defense attorney can defend you against assault charges. In some cases, an attorney may successfully get the charges dropped by arguing that you were using self-defense. But, sometimes an attorney’s goal will be to have charges reduced to a lesser crime. For example, an attorney may be able to have your first degree assault charges reduced to second degree assault if he proves you were not using a deadly weapon at the time the crime was committed.
Have you been charged with assault? Let a criminal defense attorney at Reisch Law Firm fight these charges. We will develop a unique defense strategy that can be used to reach the best possible outcome in your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.