Assault and Battery
Disagreements with a friend, family member, or stranger can sometimes escalate into an unpleasant situation. Many times, a person who calls the police first gets the opportunity to tell the story from his or her own point of view, and police end up with a biased version of events and charge an innocent party with assault. The fair truth of the matter will only come out if you partner with an aggressive, dedicated attorney to show your side of events.
While conviction for assault is severe in itself, the charge is often combined with other criminal charges such as domestic abuse, sexual assault, alcohol or drug related charges, or weapons charges. In these cases, penalties can multiply, negatively affecting a person’s life through jail time, expensive fines, mandatory probation, and surrender of firearms. Moreover, the stigma that often goes along with charges of this type can put long lasting damage on a person’s professional advancement and public reputation.
What is Assault?
Colorado law categorizes assault into three different levels:
3rd Degree Assault
You can be charged with third degree assault in two main ways. First, you can be charged if you knowingly or recklessly cause bodily injury, or negligently cause bodily injury with a deadly weapon. Second, you can be charged if you intentionally harass or threaten police, a firefighter, or an EMT by contacting hazardous or bodily fluids on them. (Surely most cases in this second category involve spitting on a cop in a moment of poor judgment.) Third degree assault is a class 1 misdemeanor. However, it is classified as an “extraordinary risk crime.” As such, it carries escalated sentencing compared to other class 1 misdemeanors. Penalties can range up to 24 months in jail and fines up to $5000.
2nd Degree Assault
Colorado law lays out seven different avenues the State can use to charge someone with second degree assault. This category of assault covers offenses in which a person causes bodily injury with intent, but that injury is not so severe to warrant a first degree assault charge. Second degree assault is usually a class 4 felony, which carries penalties up to 6 years in prison and fines up to $500,000. A violent crime enhancement can be triggered by the use of a deadly weapon as a threat, bringing prison time upon to 16 years.
1st Degree Assault
Colorado Revised Statutes §18-3-202 provides seven different ways a person can be charged with first degree assault. These basically boil down to causing severe bodily injury with intent or extreme indifference, or threatening a police officer, judge, or jailer with a deadly weapon. This is the most strict category of assault, is usually charged as a class 3 felony, and carries penalties of up to 32 years in prison and fines up to $750,000.
What About Domestic Violence?
Some of the most commonly charged assault cases involve domestic situations. In Colorado, “domestic violence” is an enhancement that attaches to other crimes, most commonly assault. Domestic violence involves parties of intimate relationship, which the law defines as current or former romantic couples or parents, whether married or not. In Colorado, if police believe domestic violence has occurred, they are obligated to arrest the party they believe is the aggressor. Special penalties can involve domestic harmony classes, counseling, loss of gun rights, and a black eye on your record that doesn’t go away.
Without skilled and aggressive representation, assault charges can threaten you with extended jail time, excessive fines, and a permanent stain on your record. If you or a loved one has been charged with assault, call Attorney Walker Fults immediately for a free consultation of your case to find out what your options are and how we can help.
