Assault is a serious crime in Lakewood. If convicted, individuals could end up serving a lengthy prison sentence and serious fines. Fortunately, a Lakewood assault lawyer can review the facts of your case and help you build a defense.
A defense attorney with a thorough knowledge of assault laws can develop an appropriate defensive strategy for fighting the charges. Jenn and Justie at Nicol Gersch Petterson can protect you and your constitutional rights.
The Colorado Revised Statutes define assault as unlawful or unwanted physical contact that results in bodily injury to another person. Further, assault involves causing bodily harm intentionally or as a result of recklessness or criminal negligence. The statutes identify three degrees of assault, which are defined as follows:
The crime of menacing is also categorized as a form of assault within the state statutes. Menacing occurs when a person uses threats or force to knowingly invoke an imminent fear of being seriously injured in another individual. An attorney who handles assault cases in Lakewood could provide a further explanation of the differences between the three degrees of assault, and answer questions about the offense of menacing.
The penalties for assault vary based on the specific misdemeanor or felony class at which the offense is charged. Colorado law requires enhanced sentences for violent crimes, including assault. At a minimum, judges must hand down a sentence that falls at the midpoint of the presumptive range. The maximum prison sentence that can be handed down is double the maximum of the standard presumptive range.
Certain first-degree assault crimes are punished as class 3 felonies with a minimum prison sentence of eight years and a maximum of 24 years. Assault in the second degree can be charged as a class 4 or 6 felony depending on the circumstances of the offense. A sentence of five to 16 years in prison can be imposed for class 4 felony assault due to the violent crime enhancement.
Assault committed in the third degree is a class 1 misdemeanor that can be penalized by six to 24 months of confinement. A lawyer who knows assault laws and the state’s sentence enhancement for violent crimes could explain the punishment for a particular assault crime.
The offense of menacing is a class 3 misdemeanor, which is punishable by a fine up to $750 or a jail sentence of up to six months. The crime becomes a class 5 felony if a deadly weapon is used or a person makes claims of being armed with a deadly weapon whether or not they are really armed. The penalties for class 5 felony menacing are a fine between $1,000 and $100,000, as well as a prison sentence between one and three years.
If you are charged with assault, it is best to speak with a Lakewood assault lawyer who can provide essential legal guidance. A lawyer at Nicol Gersch Petterson can safeguard your rights and fight the charges against you.
Without an attorney representing you, it could be extremely challenging to overcome assault charges. Call Justie and Jenn today for help with your case.