A conviction for assault could have many consequences, including fines and jail time. Whether you are facing a misdemeanor or felony assault, a first-, second-, or third-degree assault, you could benefit from advice of an experienced defense attorney. A seasoned Loveland assault lawyer could review the facts of your case and help you build a defense. Jenn and Justie at Nicol Gersch Law have the knowledge, tools, and experience to help you fight your case.
Assault is defined as an intentional injury or an attempt to place another person in fear of imminent harm. The State of Colorado divides the crime of assault into multiple subsets and categories depending on the severity of the offense. A felony or even a misdemeanor assault charge may justify a consultation with a Loveland attorney familiar with Colorado assault law. Self-defense and defense-of-others arguments are very crucial to investigate early on in any case involving assault, as well.
The Criminal Code (Title 18) of the Colorado Revised Statutes specifies, among other assault offenses are categorized by degree. Those who have been accused of a criminal offense could gain a better understanding of where they stand by meeting with a qualified Loveland assault attorney.
Assault in the first degree, C.R.S. 18-3-202 , usually involves intent to cause serious bodily injury, disfigurement, or risk of death. It may also have to do with threatening certain public servants or employees such as peace officers, judges, detention facility employees. Assault in the first degree can include assault with a deadly weapon and strangulation causing serious bodily injury, as well. It is generally a class 3 felony.
Assault in the second degree, C.R.S. 18-3-203, can involve bodily injury (not serious bodily injury—but just bodily injury), impairment, or restriction of breathing or circulation (strangulation). It can also occur when a person confined or in custody uses force against certain public servants or employees or causes them to come into contact with a bodily fluid or hazardous substance (spitting or intentionally bleeding on cops, paramedics, or firefighters, for example). Assault in the second degree is also known as assault on a police officer. Recklessly causing serious bodily injury with a deadly weapon is also classified as second-degree assault. Second-degree assault in most of its forms is either a class 3 or class 4 felony, depending on the circumstances of the offense.
Assault in the third degree may involve bodily injury committed knowingly or recklessly. It may also occur if a person causes bodily injury by using a deadly weapon negligently. When a person confined or in custody threatens or harasses certain public servants or employees with a bodily fluid or hazardous substance, it also falls under this section. It is a class 1 misdemeanor.
The Colorado statutes also establishes several other assault crimes distinguishable by type. Vehicular assault takes place when a vehicle is used in a reckless manner, causing injury to another. Menacing, as a class three misdemeanor, occurs when someone attempts to place another in fear of imminent injury, but the use of a deadly weapon can raise it to a class 5 felony. Harassment is closely linked to assault and includes any unwanted touching like a strike, shove, or kick that does not actually cause an injury or pain.
Criminal extortion is a class 3 or class 4 felony that takes place when one compels another by threat to act in some way against their will. Reckless endangerment is a class 3 misdemeanor that involves creating a risk of injury to another person. Child abuse also includes various types of injuries to children, and can even be charged when there are no injuries present but a high risks exists (such as children watching a domestic violence (DV) incident, or being in a vehicle with a drunk or impaired driver).
Fighting an assault charge could be difficult to handle on your own. Justie and Jenn at Nicol Gersch are here to help. A Loveland assault lawyer could ensure your rights are protected and can help fight the charges against you. Schedule a consultation today to learn more about how an attorney could help.