First Degree Assault Defense Attorney in Aurora, Colorado
If You Are Charged with Assault in the Frist Degree, Seek Help from An Assault Defense Attorney
First Degree Assault is the highest level of assault, and it is an extremely serious charge. It falls under the category of crime of violence which requires mandatory prison time. It can also be considered an extraordinary risk crime which can increase the maximum possible sentence a judge can impose. If you have been accused of first degree assault in any court, request a free consultation today. Our Assault Defense Attorney regularly represents clients in Arapahoe County, Douglas County, Adams County, and the Denver Metro Area. He also routinely appears in municipal courts, such as Aurora Municipal Court.
First Degree Assaults can also vary based on the circumstances of each case. If a child was present or the victim of the assault, the defendant could be charged with child abuse. If the victim and the defendant have an intimate relationship, the assault can be designated as an act of domestic violence. Each of these cases open up different possibilities for sentencing and required classes and treatment defendants are required to complete if convicted.
What is First Degree Assault under Colorado Law?
Under Colorado Law, you can be charged with First Degree Assault if you:
· Intend to cause serious bodily injury to another person and do cause serious bodily injury to anyone.
· Intentionally seriously disfigure or disable another person.
· With “extreme indifference to the value of human life,” you knowingly do something which creates a grave risk of death, and in doing so, cause serious bodily injury to another person.
· With intent to cause serious bodily injury to police, a firefighter, a judge, or a prison worker; you threaten with a deadly weapon.
The specific statutory language defining First Degree Assault is found at C.R.S. § 18-3-202. Terminology is important in understanding a First-Degree Assault charge. Serious bodily injury is an injury that involves a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body. This would include broken or fractured bones. A deadly weapon includes any weapon that can cause serious bodily injury. This would include guns, knives, and other dangerous weapons.
What is the Punishment for a First Degree Assault?
First-Degree Assault is a class 3 felony. It is punishable by 10 to 32 years in prison or a fine of $3,000 to $750,000. There is a five-year parole period. First-degree assault is considered a crime of violence in Colorado. This means that you will serve mandatory prison time. The minimum term of imprisonment is 10 years. You can also be charged with an attempted First-Degree assault. This takes the crime to a class 4 felony. For information concerning the sentencing ranges, please see our criminal defense section.
Common First Degree Assault Defenses
The most common defense to a first degree assault is self-defense. This defense involves a defendant believing they are being attacked and responding with the appropriate amount of force to repeal that attack. A defendant can also attack the intent element of the criminal charge, and a defendant can claim they acted within the heat of passion. The heat of passion defense will not result in a not-guilty verdict, but it will lower the felony classification. There are various other affirmative defense or general defenses that can be applied. Defenses are dependent on the facts of a case.
First Degree Assault can be charged as an act of domestic violence.
Speak with A Qualified Assault Defense Attorney
There is not a cookie cutter approach to an assault case. The facts drive the representation and arguments that can be made. While these matters seem simple and straight forward, it requires a skilled attorney to look at the facts and craft the best defense possible. If you are charged with an assault type case in Aurora or the Denver Metro Area, request a consultation today. We are open during regular business hours, and we will stay late and be available on the weekends if necessary. Schedule a free consultation with an Assault Defense Attorney from the Lawrence Law Firm. We are ready, willing, and able to represent you.