Assault
Similar to other crimes under Colorado law, assault is classified by degree according to the severity of the crime. There are three categories for assault defined by Colorado statutes:
First-degree assault: Physical assault on another person resulting in serious bodily injury under one of these conditions:
- With the intention to cause serious bodily injury through use of a deadly weapon.
- With the intention to disfigure seriously and permanently, or to destroy, amputate or cause permanent disability of an organ or part of another person's body.
- While displaying extreme indifference to human life, knowingly employing conduct that creates a grave risk of life and causes serious bodily injury.
First-degree assault is the most serious category of assault and is a Class 3 felony.
Second-degree assault: Physical assault on another person with the intention to cause bodily injury, or that causes bodily injury under one of these conditions:
- Through use of a deadly weapon.
- Through preventing a police officer or firefighter from performing a lawful duty because of an intention to cause bodily injury to someone.
- Through recklessness by means of a deadly weapon.
- Through intentionally administering to someone without their consent a drug, substance or preparation that could cause them harm that results in causing stupor, unconsciousness or other physical or mental impairment or injury.
A second-degree assault is considered less serious if committed as a result of a sudden heat of passion. When committed during the performance of a felony or while fleeing from having committed a felony, second-degree assault becomes a more serious offense. Second-degree assault is a less serious offense than first-degree assault and is a Class 4 felony.
Third-degree assault: Physical assault that results in bodily injury under one of these three conditions:
- Committed knowingly and recklessly
- Committed with criminal negligence
- Committed by means of a deadly weapon
With which degree of assault a person is charged may largely depend on the degree of injury that was caused. Serious bodily injury generally would refer to a broken bone, or impairment or loss of the use of a body part. According to Colorado statutes bodily injury would be "physical pain, illness, or any impairment of physical or mental condition."
See examples of Colorado assault casework Patrick Mulligan has successfully litigated here.
To find out how Patrick Mulligan can help you with Colorado assault charges, go here or call (303) 860-8100.
