Colorado Third Degree Assault Defense Attorney
Third Degree Assault Defense Attorney in Aurora, Colorado. Seek representation today.
Third degree assault is a misdemeanor offense, but it can have serious consequences. This is the most typical form of assault charged in Colorado, and it typically involves allegations of domestic violence. There is no mandatory prison time associated with this level of offense, but it isn’t uncommon for judges to impose a jail sentence if the facts are aggravated. If you have been accused of third-degree assault in any court in Colorado, request a free consultation today. Our Assault Defense Attorney regularly represents clients in Arapahoe County, Douglas County, Adams County, and the Denver Metro Area.
Third 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 different possibilities for sentencing and required classes and treatment defendants are required to complete if convicted.
What is Third Degree Assault under Colorado Law?
Colorado law defines third degree assault as knowingly or recklessly inflicting bodily injury on another person. Knowingly means the defendant was aware of the conduct he was doing. You don’t need to intend the actual harm that was inflicted. Rather, you need to know you were doing something. For example, you knew you were swinging your hand. Recklessly is consciously disregarding a known risk. Think about throwing a penny off a sky scrapper. You know people are under you and you might hit one but do it anyways.
Bodily injury means physical pain, illness, or any impairment of physical or mental condition. Physical proof of injury is not required to establish bodily injury. However, you would expect the physical evidence to be consistent with the claimed assault. For example, a victim claiming to have been struck in the face multiple times by an enraged defendant should have some markings.
For the specific statutory language concerning third degree assault, see C.R.S. § 18-3-204.
What is the Punishment for a Third-Degree Assault in Colorado?
Third degree assault is a class one misdemeanor in Colorado. It can be punished by up to 18 months in jail and/or a fine of up to $1,000. Probation can be granted at the court discretion. In determining the conditions of probation, the court will look at the defendant’s criminal history, facts of the case, and the relationship of the defendant and the victim. A court can order a defendant to anger management or alcohol classes if the facts warrant it.
A defendant can be charged with third degree assault as an act of domestic violence. This would require a defendant to complete probation, which would include domestic violence counseling and treatment. It would also require the defendant’s criminal history to reflect a domestic violence finding, which could impact their ability to find work, housing, and gun rights.
Common Defenses in Third Degree Assault Cases
The most common defense to a third-degree assault is self-defense claim. 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. There are various other affirmative defense or general defenses that can be applied. Defenses are dependent on the facts of a case.
Your attorney will also want to go over the facts and physical evidence closely with you. The physical evidence should line up with alleged attack. If a defendant says she was hit multiple times in the face, there should be injuries consistent with those allegations. Secondary physical evidence is important as well. This would include the condition of the scene, appearance of the victim, and other factors. For example, if a defendant allegedly threw an open beer across a room you’d expect to see beer.
Speak with A Qualified Assault Defense Attorney Today
Third degree assault cases require a lot of attention and skill to handle. 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.