Colorado Violent Crime Defense Attorney
Violent crimes such as Assault are heavily penalized by the state. Having a criminal defense attorney who is experienced in negotiating through the maze of criminal statutes and court procedures is a must to ensure your rights and interests are protected. David Owen, with 21 years of criminal defense experience is ready to put his abilities and knowledge to work on your behalf and fight for your rights and interests. If you have been arrested DO NOT hesitate to contact Mr. Owen.
There are seven categories of Assault:
1) First Degree Assault C.R.S. 18-3-202
2) Second Degree Assault C.R.S. 18-3-203
3) Third Degree Assault C.R.S. 18-3-204
4) Vehicular Assault C.R.S. 18-3-205
5) Meancing C.R.S. 18-3-206
6) Criminal Extortion C.R.S. 18-3-207
7) Reckless Endangerment C.R.S. 18-3-208
First Degree Assault
Class 3 felony
Possible sentence: 4 - 12 years in prison with a mandatory parole term of 5 years following release. Heavier penalties can be imposed as a result of C.R.S. 18-1.3-406
A person can be charged with First Degree Assault if any of the following applies:
1) A person, with intent to cause serious bodily injury to another person, causes serious bodily injury to any person by means of a deadly weapon; or,
2) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his/her body, he causes such an injury to ANY person; or,
3) Under circumstances manifesting extreme indifference to the value of human life, knowingly engages in conduct which creates a grave risk of death to another person, and thereby causes serious bodily injury to ANY person; or,
4) With intent to cause serious bodily injury upon the person of a peace officer or firefighter, he/she threatens with a deadly weapon a peace officer or firefighter engaged in the performance of his/her duties, and the person knows OR reasonably should know that the victim is a peace officer or firefighter acting in the performance of his/her duties; or,
5) With intent to cause serious bodily injury threatens with a deadly weapon any person employed by or under contract with a detention facility OR a person employed by the Division in the Department of Human Services responsible for youth services AND who is a youth services counselor knowing or should have known the victim is engaged in the performance of their duties.
NOTE: The person doing the threatening must be lawfully confined or in custody as a result of being charged with or convicted of a crime OR as a result of being charged as a delinquent child or already adjudicated as a delinquent child.
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Second Degree Assault
Class 4 felony
Possible sentence: 2 - 6 years in prison with a mandatory parole term of 5 years following release. A person can be charged with Second Degree Assault if any of the following applies:
1) With intent to cause bodily injury to another person, he/she causes such injury by means of a deadly weapon; or,
2) With intent to prevent one whom he/she knows, or should know, to be peace officer or firefighter from performing a lawful duty, he/she intentionally causes bodily injury to ANY person; or,
3) Recklessly causes serious bodily injury to another person by means of a deadly weapon; or,
4) Intentionally administering without lawful purpose and without the victim's consent any drug, substance, or preparation capable of producing harm;; or,
5) With intent to cause serious bodily injury threatens with a deadly weapon any person employed by or under contract with a detention facility OR a person employed by the Division in the Department of Human Services responsible for youth services AND who is a youth services counselor knowing or should have known the victim is engaged in the performance of their duties.
NOTE: The provisions of the statute related in category (5) contains a more extensive explaination of Second Degree Assault for a person lawfully in custody than is expressed here. For a more detailed explaination of C.R.S. 18-3-203(f) contact the Law Office of David Owen.
Class 3 felony
Possible sentence: 4 - 12 years in prison with a mandatory parole term of 3 years following release. Heavier penalties can be imposed as a result of C.R.S. 18-1.3-406
A person can be charged with a Class 3 felony of Second Degree Assault if any of the following applies:
If the victim of the assault suffered serious bodily injury during the commission or attempted commission or flight from the commssion or attemted commission of murder, robbery, arson, burglary, escape, kidnapping in the first degree, sexual assault or class 3 felony of sexual assault on a child.
Class 6 felony
Possible sentence: 1 - 1.5 years in prison with a mandatory parole term of 1 years following release.
A person can be charged with the Class 6 felony of Second Degree Assault if any of the following applies:
The assault is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, cause by a serious and highly provoking act of the intended victim affecting the defendant sufficiently to excite an irrestible passion in a reasonable person;
BUT, if between the provacation and the injury there is sufficient time for the voice of reason and humanity to be heard, then it is a class 4 felony.
Third Degree Assault
Class 1 Misdemeanor
Possible sentence: 6 months to 18 months in jail, $500 - $5000 fine or both. If an extraordinary risk offense - then heavier penalties can be imposed under C.R.S. 18-1.3-501.
A person can be chargedwith Third Degree Assault if any of the following applies:
A person knowingly or recklessly causes bodily injury to another person or with criminal negligence causes bodily injury to another person by means of a deadly weapon.
Vehicular Assault
Class 4 felony
Possible sentence: 2 - 6 years in prison with a mandatory parole term of 3 years following release.
A person can be charged with Class 4 felony Vehicular Assault if any of the following applies:
If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and this conduct is the proximate cause of a serious bodily injury to another. This is a strict liability crime. (Meaning if you are under the influence of alcohol or drugs the prosecution does not have to prove any intent to cause the injury).
Class 5 felony
Possible sentence: 1 - 3 years in prison with a mandatory parole term of 2 years following release.
A person can be charged with Class 5 felony Vehicular Assault if any of the following applies:
If a person operates or drives a motor vehicle in a reckless manner, and this conduct is the proximate cause of serious bodily injury to another.
Menacing
Class 5 felony
Possible sentence: 1 - 3 years in prison with a mandatory parole term of 2 years following release.
A person can be charged with Class 5 felony Menacing if any of the following applies:
1) A person, by any threat or physical action, knowingly places or attempts to place another person in fear of imminent serious bodily injury by use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably belive that the article is a deadly weapon; or
2) Representing verbally or otherwise that he/she is armed with a deadly weapon.
Class 3 misdemeanor
Possible sentence: Probation - 6 months in jail, $50 - $750 fine or both.
A person can be charged with Class 3 misdemeanor of Menacing if any of the following applies:
A person, by threat or physical action, knowingly places or attempts to place another person in fear of imminent serious bodily injury.
Criminal Extortion
Class 4 felony
Possible sentence: 2 - 6 years in prison with a mandatory parole term of 3 years following release.
A person can be charged with Class 4 felony Criminal Extortion if any of the following applies:
A person, without legal authority and with the intent to induce another person, against that other person's will, to perform an act or to refrain from performing a lawful act, makes a substantial threat to confine or restrain, cause economic hardship or bodily injury to, or damage the property or reputation of, the threatened person or another person; and, the person threatens to cause the results by:
1) Performing or causing an unlawful act to be performed; or,
2) Invoking action by a third party, including but not limited to, the state or any of its political subdivisions, whose interests are not substantially related to the interests pursued by the person making the threat; OR
3) WIth intent to induce another person, against that other person's will, to give money or another item of value and threatens to report to law enforcement officials the immigration status of the threatened person or another person.
Aggravated Extortion
Class 3 felony
Possible sentence: 4 - 12 years in prison with a mandatory parole term of 3 years following release.
A person can be charged with Class 3 felony Aggravated Extortion if any of the following applies:
The person threatens to cause the results described above by means of chemical, biological, or harmful radioactive agents, weapons, or poison.
Reckless Endangerment
Class 3 misdemeanor
Possible sentence: Probation - 6 months in jail, $50 - $750 fine or both.
A person who recklessly engages in conduct which creates a substantial risk of serious bodily injury to another person.
Law Office of David L. Owen, Jr, P.C.
8854 S. Miners Street
Highlands Ranch, CO, 80126
Telephone: 720-863-4292
Toll-Free: 866-768-0506