If you intentionally injure someone you may find yourself facing assault charges in Colorado Springs. Even if you did not mean to cause the injury or hurt the person as bad as you did, you will be charged with assault.
If your actions resulted in serious injuries, involved the use of a weapon, or caused harm to a police officer, firefighter, or other specially protected individuals, you could be facing a long, long time behind bars if convicted.
Assault charges in Colorado Springs can be either a misdemeanor or a felony. Within those broad categories, the nature of the assault and the degree of harm it caused will determine the seriousness of the charges and the potential consequences you will face.
Read More: Colorado Criminal Code Statutes
Third Degree Assault Charges in Colorado
The most common and least serious assault charge in Colorado Springs is assault in the third degree. This is a Colorado Cass 1 misdemeanor and is the criminal charge you would most likely face for such altercations as a bar fight or road rage incident that did not cause serious bodily injury.
Third Degree Assault is committed if you either knowingly or recklessly caused bodily injury to another or negligently caused bodily injury to another with a deadly weapon. It is important to note that “injury” can include pain alone even if no visible bruises, cuts, scars, or broken bones are present.
If you are convicted of Third Degree Assault, you could face up to two years in jail as well as hefty fines and lengthy probation.
You could face even greater penalties if the assault charges are upgraded to a more serious assault charge, which can happen if the injuries turn out to be serious or permanent.
If the assault charge in Colorado Springs is against certain “protected individuals” such as seniors, children, or the developmentally disabled, you could be facing much more time behind bars.
Second Degree Assault in Colorado
Assault in the Second Degree in Colorado is an extremely serious felony charge which you could be facing as a result of a number of circumstances.
Second Degree Assault is an assault that generally causes or intends to cause bodily harm to a person. It is a less serious offense if it is committed upon a sudden heat of passion, and a more serious offense if it is committed during the commission of, or flight from, certain serious felony offenses.
You could be convicted of Second Degree Assault if it is proven that you:
Intended to cause bodily injury to another person and caused such injury with a deadly weapon;
Intended to prevent a Colorado peace officer or firefighter from performing a lawful duty and intentionally caused bodily injury to any person,
recklessly caused bodily injury to a person with a deadly weapon;
Intentionally caused the physical or mental impairment of another person by administering drugs or other substances to that person without that person's consent;
Were lawfully confined and knowingly and violently applied actual physical force against a peace officer, firefighter, judge, court officer or detention facility employee;
Were lawfully confined and caused a Colorado Springs detention facility employee to come into contact with feces, urine, saliva or other bodily fluids for the purpose of infecting, injuring, harassing or annoying that employee, or intended to cause bodily injury to another and caused serious bodily injury.
“Serious bodily injury,” which can be the key to whether you will face misdemeanor or felony charges, is a bodily injury which, “either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree."
Second Degree Assault is generally a class 4 felony with potential penalties of 4 to 12 years in prison and fines reaching $2,000 to $500,000.
First Degree Assault in Colorado
If you are charged with Assault in the First Degree Colorado Springs, you are facing the most severe penalties available for assault.
You commit First Degree Assault in if you:
Intentionally caused serious bodily injury to someone with a deadly weapon,
Knowingly engaged in conduct which created a grave risk of death to another and resulted in injury,
Intentionally destroyed, disfigured, or amputated the member of another person,
Threatened a police officer or firefighter with a deadly weapon with the intent of causing serious bodily injury.
A class 3 felony, First Degree Assault conviction comes with a mandatory prison term of between 8 to 24 years, mandatory parole, and large fines.
More to Know about Assault Charges in Colorado Springs
Assault charges can be filed in conjunction with other related but distinct criminal charges, such as domestic violence or harassment.
There are defenses available to assault charges, from self-defense to acting in “the heat of passion,” among others.
Free Consultation with an Assault Defense Attorney
If you are facing assault charges in Colorado Springs or the El Paso County courts then you need to work with a criminal defense attorney. The best way to figure out a strategy for fighting or reducing the assault charges is to speak with defense attorney James Newby. James is former El Paso County DA and an experienced and creative Colorado Springs assault attorney with proven defense results.
Call us to schedule your free consultation. Appointments are available 24/7 if needed.