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Colorado Attorneys Specializing in Assault

A person will get charged with physical assault when they are accused of applying unlawful physical force against another person. Physical assaults are categorized into three categories: First Degree Assault, Second Degree Assault, and Third Degree Assault.

First Degree Physical Assault

First Degree Assault is usually charged as a Class 3 Felony, which is categorized by Colorado law as a Crime of Violence. First Degree Assaults often involve serious bodily injury being caused to another person, along with the use of a weapon, although there are other ways in which a person can be charged with First Degree Assault. Because First Degree Assault is a Crime of Violence, it usually requires a person convicted of such a crime to be sentenced to a range of 10 to 32 years in the Colorado Department of Corrections. This is a very serious charge that requires aggressive legal representation.

Second Degree Physical Assault

Second Degree Assault is a Class 4 Felony, and while it used to require a mandatory sentence to the Colorado Department of Corrections, similar to First Degree Assault, it is now a crime which allows a person convicted with this charge to be eligible for probation. Second Degree Assault is a lesser included offense of First Degree Assault, and is usually charged for crimes that involve serious bodily injury and assaults on peace officers.

Third Degree Physical Assault

Third Degree Assault is by far the most commonly charged crime within the category of physical assaults. To be convicted of Third Degree Assault, it must only be proven that a person knowingly or recklessly caused bodily injury to another, which is defined as pain. This is charged in common bar fights and domestic violence cases where a person strikes another person, but without causing serious bodily injury. The penalties for Third Degree Assault are -between 6 months and 2 years in county jail, fine, or both. A person convicted of Third Degree Assault is always eligible for probation, unless the assault is inflicted upon a peace officer.

Free Assault Criminal Defense Consultation

Any potential Assault criminal case requires a detailed understanding of the facts, the processes, and the law. If you or someone you know has committed a crime or have been accused of a crime by the Federal Government, you will want to consult with an experienced criminal defense attorney. Not sure what to do? Contact Jesse Wiens Law to schedule your free consultation.

Martindale Hubbell

Colorado Bar Association

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