Assault crimes all involve some element of violence and potential or actual harm to others. As a result, an assault conviction can be highly detrimental to your personal and professional goals. A Brush assault lawyer may be able to raise defenses on your behalf and work toward resolving your charges in a way that has a minimal impact on your life.
Building a strong defense to assault charges from the outset of your case can be crucial. By contacting a knowledgeable criminal lawyer, you can avoid inadvertent self-incrimination and ensure that your rights are protected throughout your criminal proceedings. Taking these measures can improve your chances of successfully resolving your assault case more favorably.
Defining Assault Under State Law
Assault generally occurs when individuals intentionally or recklessly cause bodily injury to others. Under state law, individuals accused of assaulting someone can face first-degree, second-degree, or third-degree assault charges. The severity of the injuries, the circumstances surrounding the assault, the assault target, and prior criminal convictions all can have a direct bearing on the level of charges that individuals may face.
Due to the different degrees of assault that people may face, an assault charge can be a misdemeanor or felony charge, according to the facts of the situation. In any case, an assault conviction creates a permanent criminal record. As assault often is seen as a crime of violence, individuals facing this charge may benefit from the advice of an assault lawyer in Brush.
Felony Assault Charges
Both first-degree and second-degree assault can be a felony charge. A first-degree assault charge can be a class 3 or class 5 felony. First-degree assault can occur under the following circumstances:
- Using a deadly weapon to cause serious bodily injury to others intentionally
- Intentionally and permanently causing severe disfigurement, amputation, or impairment of a bodily organ or member
- Purposely creating a grave risk of death to others and causing them serious bodily injury in a way that shows extreme disregard for human life
- Stopping or restricting the breathing or circulation of others by strangling or suffocating them
Additionally, first-degree assault charges may occur if individuals purposely threaten peace officers, firefights, emergency medical personnel, judges, or court officers using deadly weapons. Juveniles who assault employees of juvenile detention facilities also can face first-degree assault charges, which may result in up to 12 years in prison, plus fines up to $750,000 in some cases.
As an assault attorney in Brush may explain, second-degree assault charge under C.R.S.A. § 18-3-203 can be a class 6, 4, or 3 felony charge, based on the situation and the targets of the assault. For instance, administering a substance to others without their consent to render them unconscious or impaired can be second-degree assault. Another example of second-degree assault occurs when people recklessly cause serious bodily injury to others using a deadly weapon.
Misdemeanor Assault Charges
Third-degree assault is a class 1 misdemeanor offense under C.R.S.A. § 18-3-204. Some situations in which third-degree assault might occur include:
- Intentionally or recklessly causing bodily injury to others
- Causing bodily injury to others by negligently using a deadly weapon
- Causing peace officers, firefighters, or emergency medical services providers to come into contact with bodily secretions or toxic substances
Even for a misdemeanor assault conviction, individuals can receive a jail sentence of between six and 18 months and fines of up to $5,000. In many situations, domestic assaults between spouses or intimate partners can result in third-degree misdemeanor assault charges, depending on the severity of the injuries inflicted during the assault.
Work with a Brush Assault Attorney
If you have been accused or charged with assault, you may want to contact a Brush assault lawyer right away, no matter the level of the charges. By working with legal counsel from the very beginning of your case, you may be able to more efficiently and successfully put this incident behind you. You may be able to avoid or minimize the potential implications of these charges on your life.
As serious bodily injuries often result from assault, prosecutors are often under pressure to prosecute these charges fervently. This approach can ignore possible defenses and evidentiary issues in your case and fail to consider the full consequences of a criminal assault conviction. As a result, having a strong and experienced defense attorney can be vital to a better outcome in your case.