“You are under arrest for assault … you have the right to remain silent … “
So what exactly are they saying you did? I mean, all you really did was defend your honor in the bar when someone else said something to your girl, right?
Well, assault in Colorado comes in different degrees, but always represents some form of threats of physical harm, attempts to cause physical harm, and offenses actually causing bodily harm. If you use a “deadly weapon” during the assault, you’ll be facing felony-level charges, even if that deadly weapon is a bottle, or a piece of wood, or your own hands.
The penalties can be quite harsh.
Third Degree Assault is a Class 1 Misdemeanor, and it is also considered an “Extraordinary Risk Crime”; a defendant can face incarceration of up to two (2) years. If the victim of the misdemeanor assault is pregnant at the time of the assault, and if you know she’s pregnant, then you’re facing a mandatory six (6) month jail sentence.
Second Degree Assault is usually a Class 4 Felony, but it’s also typically a “Crime of Violence.” Crimes of Violence carry mandatory prison sentences. In the case of a defendant convicted of Second Degree Assault, the mandatory prison sentence is usually five (5) to sixteen (16) years in the Department of Corrections and a potential fine of up to $500,000.
First Degree Assault, typically a Class 3 Felony, also carries a mandatory prison sentence upon conviction: ten (10) to thirty-two (32) years in the Department of Corrections with fines not to exceed $750,000.00.
Now, ask yourself the question; “Do you need an attorney to represent you if you are charged with the crime of assault?” Without a doubt you should enlist the services of a competent and experienced criminal defense lawyer. At The Gasper Law Group, PLLC, we have very experienced defenders who have literally saved military careers and kept out of jail folks charged with serious assault crimes.
If you’re charged with an assault and you’d like more information on Colorado assault laws, or if you’d like to set up a free consultation to gain more knowledge on how these matters are processed, call The Gasper Law Group, PLLC at (719) 896-0084.