Colorado Springs Assault Defense Lawyer
There are many different behaviors categorized as illegal in the State of Colorado that are covered by the umbrella term of “assault.” The loosest definition of the word might be a circumstance in which unwanted touching takes place. Some of these behaviors can be classified as felonies, including first-degree assault, second-degree assault, extortion, and vehicular assault.
Felony assault is a serious charge with severe consequences if you are found guilty. When it comes to violent crimes, the Colorado justice system often pursues harsh penalties. To navigate this stressful time in your life, it’s vital that you have an experienced criminal attorney to help you fight for your rights.
What is First-Degree Assault?
First-degree assault occurs when any of the following take place:
- The accused uses a weapon with the intent to injure a person, threaten them, or cause them serious bodily harm.
- Causes any part of another person’s body to be amputated, disfigured, or destroyed, with the intent to do so
- Uses a deadly weapon to threaten court officers, firefighters, judges, or peace officers with intent to injure the victim
- Uses a deadly weapon as a threat against corrections officers or similar staff, with the intention of causing serious bodily harm while in custody
First-degree assault can be classified as a Class 3 or Class 5 felony, depending on whether the defendant was severely provoked, as defined by the law. This provocation generally has to involve an action against the accused. This definition means that words alone are not considered a provocation.
What is Second-Degree Assault?
Second-degree assault covers many of the same actions listed above, with resulting injuries that are less than severe. It can also be used to classify situations in which substances are used to incapacitate or cause harm outside of a legal health-related procedure. It also applies to when those who are in lawful custody harm corrections officers, peace officers, and similar persons with weapons, their bodies, or their bodily fluids.
As with first-degree assault, the felony class will depend on whether or not the accused was deemed to have been provoked. An unprovoked second-degree assault is a Class 4 felony, while a provoked second-degree assault is a Class 6 felony.
What is Extortion?
Criminal extortion in Colorado refers to the use of threats to make another individual take action. The person initiating the threats must not have the legal power to demand that these actions take place. Depending on the circumstances surrounding the case, criminal extortion may be a Class 4 felony or a Class 5 felony.
What is Vehicular Assault?
Vehicular assault refers to an event in which one person’s negligent or reckless operation of a motor vehicle results in the injury of another person. One example of vehicular assault would be someone driving under the influence and causing an accident which results in the victim being injured. Vehicular assaults are classified as either Class 4 or Class 5 felonies, depending on the circumstances surrounding the case.
At Anaya McKedy P.C., our criminal attorneys have over 30 years of experience in the courtroom. We are prepared to handle your case and are committed to providing our clients with aggressive, informed, and effective defenses no matter the charges they’re facing. From drug crimes like possessing meth to violent crimes like assault, we can craft a strong case.
If you’ve been charged with assault, extortion, or vehicular assault, we urge you to contact us immediately for a free consultation. Let us help you navigate the legal system to get the best possible outcome for your case.