Assault charges can have severe and unwanted repercussions for your personal and professional life. As a result, you likely want to take the steps necessary to fight back against any assault charges that you are facing. A Greeley assault lawyer could give you the knowledge and tools required to mount an effective defense to the charges against you.
Whether you were trying to defend yourself against an attacker or became involved in an argument that spiraled out of control, an experienced criminal defense lawyer may be able to help. Facing the prospect of jail time and a criminal record can be stressful and frightening. DO NOT TRY AND FIGHT YOUR CASE ALONE. Let Jenn and Justie at Nicol Gersch Law guide you through the criminal proceedings and help you make the best decisions for your situation.
Individuals can face three different degrees of assault based on the facts surrounding the alleged assault, the type of persons involved, and the severity of the injuries that others sustained. Assault contains some element of violence, so the consequences of an assault conviction could be severe. A knowledgeable assault lawyer in Greeley could help you develop the best defense strategy for the case.
Under Colorado Revised Statutes Annotated § 18-3-202, first-degree felony assault occurs when individuals intentionally cause serious injuries to others by using a deadly weapon, intentionally cause severe and permanent disfigurement, or intentionally cause the permanent disability to any organ or limb of others. Other examples of first-degree assault include:
Colo. Rev. Stat. Ann. § 18-3-203 defines second-degree assault as a felony offense that occurs when individuals intentionally cause bodily injury to another by using a deadly weapon. Second-degree assault also results when individuals intentionally cause any physical harm to others in attempting to stop police officers or first responders from carrying out their official duties. One can also commit second-degree assault if one recklessly causes serious bodily injury to another with a deadly weapon or causes injury, mental impairment, or unconsciousness to another by administering drugs or other substances to them without their consent.
Third-degree assault is the least serious assault charge under Colo. Rev. Stat. Ann. § 18-3-204, in that it is a misdemeanor offense. Charges for third-degree assault may result when individuals knowingly or recklessly cause physical harm to others, use a deadly weapon with criminal negligence, or purposely harass or threaten police officers or first responders. As the penalties for any degree of assault can include jail time, individuals facing these charges may need to contact a seasoned assault attorney in Greeley for advice.
Third-degree assault is a Class 1 misdemeanor offense that may result in a jail sentence of between six and 18 months and fines between $500 and $5,000. Since Colorado law considers third-degree assault to be an extraordinary risk crime, those convicted of this offense could receive an additional six months to any jail sentence.
First and second-degree assault charges both are felony offenses, which have six separate classes based on the severity of the crime. All felony offenses provide for one year or more of incarceration in the Department of Corrections depending on the severity of the assault
Assault in the first and second degree are also both considered crimes of violence which enhance the amount of incarceration if convicted by making them extraordinary risk crimes. The amount of incarceration increases for a first-degree assault to 10 years-32 years, 10 years are mandatory and for a second-degree assault 5 years to 16 years, 5 years are mandatory. Individuals convicted of felony assault also may be subject to thousands of dollars in fines.
Assault is a crime of violence that will show up on background checks performed by prospective employers, landlords, and more. You may experience difficulties finding employment, pursuing higher education, and obtaining some professional licenses with an assault conviction on your record. If you are facing assault charges, you may find it beneficial to consult a Greeley assault lawyer for advice.
You may face additional consequences if you end up with a felony assault conviction. You will lose the right to have guns and other civil liberties. You also may be in great danger of losing your job, your family, and your freedom as a result of incarceration. Call Jenn and Justie today at Nicol Gersch to get started on your case!