A Client Focused Firm Request Consultation

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?

First-degree assault in Colorado is a serious criminal offense. It's classified as a felony, which means it carries severe penalties.

The law defines first-degree assault in several ways. It can involve intentionally causing serious bodily injury, using a deadly weapon, or acting with extreme indifference to human life.

Here are the key elements that constitute first-degree assault in Colorado:

  • Intent to cause serious bodily injury

  • Use of a deadly weapon

  • Extreme indifference to human life

Understanding these elements is crucial. They form the basis of the prosecution's case and the defense's counterarguments.

The Legal Definition and Elements of First-Degree Assault

Under Colorado law, first-degree assault is defined in C.R.S. 18-3-202 of the Colorado Revised Statutes. It's a complex law with several key elements.

The prosecution must prove beyond a reasonable doubt that the defendant intended to cause serious bodily injury. This intent is a critical component of the charge.

The use of a deadly weapon or acting with extreme indifference to human life can also constitute first-degree assault. These elements add complexity to the charge and the defense strategy.

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. 

Speak With Assault Defense Attorney

Request a Free Consultation Today

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. 

Common First-Degree Assault Defenses

In Colorado, several defense strategies can be employed in first-degree assault cases. The choice of strategy depends on the specifics of the case, the available evidence, and the defense attorney's expertise.

Some common defense strategies include claiming self-defense, disputing the intent to cause harm, challenging the severity of the injury, and questioning the prosecution's evidence. Each of these strategies requires a thorough understanding of Colorado's assault laws and a meticulous examination of the case details.

Here are some key defense strategies:

  • Self-defense or defense of others

  • Disputing intent

  • Challenging the severity of the injury

  • Questioning the prosecution's evidence

Self-Defense and Defense of Others

Self-defense is a common strategy in assault cases. If the accused can prove they were defending themselves or others from imminent harm, it can be a valid defense.

However, the use of force must be reasonable and proportionate to the threat faced. The defense attorney must effectively demonstrate this to the court.

Disputing Intent and Lack of Serious Bodily Injury

Another defense strategy is disputing the intent to cause harm. First-degree assault requires intent, so if the defense can cast doubt on this, it can weaken the prosecution's case.

Similarly, if the defense can prove that the victim did not suffer serious bodily injury, it can challenge the first-degree assault charge. Medical reports and expert testimony can be crucial in this regard.

Challenging the Prosecution's Evidence

Challenging the prosecution's evidence is another common defense strategy. This can involve questioning the credibility of witnesses, the reliability of physical evidence, or the legality of how evidence was obtained.

A skilled defense attorney will scrutinize every piece of evidence and exploit any weaknesses in the prosecution's case. This can significantly impact the trial's outcome.

First Degree Assault can be charged as an act of domestic violence.

The Role of a Defense Attorney in Assault Cases

A defense attorney plays a crucial role in assault cases. They are responsible for protecting the rights of the accused and presenting a robust defense.

The attorney's tasks include investigating the case, gathering evidence, and developing a defense strategy. They also represent the accused in court, negotiate with the prosecution, and guide the client through the legal process.

Selecting the Right Assault Lawyer

Choosing the right assault lawyer is a critical decision. The lawyer's experience, expertise, and approach can significantly impact the case outcome.

It's essential to select a lawyer who specializes in assault cases and understands Colorado's criminal justice system. They should have a proven track record in handling first-degree assault cases and a deep understanding of the legal strategies that work best in these cases.

Speak to our First-Degree 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.