In Colorado, a first-degree assault means that a person seriously hurts someone else using physical force or by using a potentially lethal weapon. This is a class 3 felony and means the defendant could be punished with between 10 and 32 years in prison as well as fines between $3,000 and $750,000.
If you have been charged with a CRS 18-3-202 first-degree felony assault, reach out to Flesch Law for a felony assault criminal defense lawyer today. You need to understand the charges against you, your legal rights, and the penalties you may face if convicted. We are here to help you understand where you stand and to help build a compelling case on your behalf.
When a person is seriously injured in the state of Colorado because of the deliberate action of another, it is defined as first-degree assault.
According to CRS 18-3-202, it is illegal to behave as listed below:
For an assault to be considered a first-degree assault, the injuries must be severe, and a lethal weapon must have been employed.
In order for the crime to be considered first-degree assault, prosecutors in Colorado must show that serious bodily injury occurred. This aspect has to be shown beyond a reasonable doubt. Serious bodily injury differs from plain, old bodily injuries.
Injuries sustained in a first-degree assault are considered serious injuries, whereas a second-degree assault only causes injuries that are not considered severe. Certain types of wounds qualify as serious bodily injuries. If the risk of death was substantial, or if they caused a permanent disfigurement or left a victim with a protracted loss, or if their organ or body part was impaired because of the assault, it would be considered a serious bodily injury.
Broken bones and second or third-degree burns are considered serious injuries too. The risk of death or the loss of function is not required to be immediate. The injuries’ seriousness may manifest over time.
Some injuries are obviously substantial, while others become more significant over time. Listed below are a few examples:
A first-degree assault requires that a deadly weapon was used to cause serious bodily injury to the victim. Colorado defines deadly weapons as:
In Colorado, the legal system applies serious penalties for first-degree felony assault. To discourage such behavior and to keep it from repeating itself, the class 3 felony penalties are as listed below:
Assaults that happen in the heat of passion must be proved. If the defendant can show they were committed in the heat of passion, their crime can be reduced to a class 5 felony. This means that the penalty will be reduced as well.
There are other consequences that accompany a felony charge. These can have an impact on your right to vote and your Second Amendment rights. Having a criminal record, particularly a felony, can increase the difficult task of getting a job.
An assault and battery conviction can have negative repercussions on your entire life. There are various things that can really haunt you if you do not seek legal counsel and beat the charges against you.
Some of the issues are your criminal record. Having a felony assault charge means that securing housing, custody, finding employment, or even having credit can be more difficult. First-degree felony assault charges are expensive to fight. The fines are large and you face potential jail time. There is a high cost to first-degree felony assault convictions.
The additional pressures of community service can be difficult to complete. There are probation programs and opportunities to participate in community service. While necessary, they can be hard to work in, even though they are necessary.
Your personal relationships, as well as your professional ones, may suffer due to a conviction. If convicted, your career can be in jeopardy because your professional license can be revoked. Once you are considered a violent felon, your educational opportunities, as well as any citizenship possibilities, may slip away.
The skilled legal team with Flesch Law is ready to defend you against your first-degree felony charges. Call today to set up a free consultation. We will review your case and see what we can do for you.
We will do our best to advocate for you through the best defense strategy available. We will investigate and apply compelling evidence to prove that the actions you are accused of are not indicative of what actually happened. We will aim for the best outcome possible for the charges against you.