Pueblo Assault Defense Lawyers
Assault is a serious crime to be charged with. The penalties depend on whether you’re charged with misdemeanor or felony assault, as well as other factors. If you’ve been arrested or are being questioned by the police relating to an assault charge, you should speak with an experienced Pueblo criminal defense attorney right away. At Anaya & Chadderdon, P.C., we have years of experience handling assault cases, and we are here to help you. If you are facing assault charges in Colorado, call us today and get started with a free consultation.
What Is Assault?
In Colorado, assault is defined as unlawfully causing bodily injury to another person. Examples of assault include pushing, kicking, or hitting someone. There are different degrees of assault that you can be charged with, depending on the circumstances, the severity of the injuries, and other factors.
In order to be charged with and convicted of first-degree assault in Colorado, the prosecutor must prove the following elements:
- You intentionally used a deadly weapon to injure someone;
- You intentionally permanently disfigured someone; or
- You intentionally disabled someone’s organ function.
Additionally, you can be charged with and convicted of first-degree assault if you cause serious bodily injury by engaging in extremely risky behavior, even if it wasn’t your intent to injure the other person. If you threaten an on-duty official with a deadly weapon and you know that they are on duty, it’s possible for you to be charged with first-degree assault as well.
First-degree assault is typically charged as a class 3 felony and a crime of violence, and it carries a sentence of between ten and 32 years in prison, and a fine of between $3,000 and $750,000.
You can be found guilty of second-degree assault under the following circumstances:
- You intentionally caused serious bodily injury without a deadly weapon;
- You recklessly caused serious bodily injury with a weapon;
- You intentionally caused bodily injury; or
- You intentionally drugged another without their consent.
Additionally, if you intended to cause harm or threatened to cause serious bodily injury to an on-duty official in an attempt to prevent them from carrying out their duties, or you caused an official to come into contact with bodily fluids or a toxic chemical, you can be charged with and convicted of second-degree assault.
Second-degree assault is typically charged as a class 4 felony and carries between two and six years in prison and a fine of between $2,000 and $500,000. If you used or threatened to use a deadly weapon or the incident resulted in serious bodily injury, the sentence can increase to five to 16 years in prison.
Third-degree assault occurs if:
- You knowingly or recklessly caused bodily injury;
- You caused bodily injury with a deadly weapon while acting with criminal negligence; or
- You caused an official to come into contact with bodily fluids or toxic substances, you acted with the intent to harass or threaten the official, and you knew or should have known that the person was an official.
Third-degree assault is a class 1 misdemeanor and carries between 6 and 24 months in jail and/or a fine of between $500 and $5,000.
Assault Charges Are Serious – Contact Anaya & Chadderdon, P.C. For Help
Regardless of which degree of the crime you’re charged with, assault charges are serious and should be treated as such. If you were arrested or believe you will be facing legal consequences soon, Anaya & Chadderdon, P.C. can help. Our attorney is a knowledgeable and experienced litigator who will do whatever it takes to defend you and get you the best outcome for your case. Contact us anytime for a free consultation.