The term “assault” covers numerous offenses, all varying in levels of severity. Prosecutors have a lot of leeway in determining how to charge an accused person, and they might initially bring an assault charge even if the evidence supporting it is not clear.
If you are facing charges, you need a seasoned criminal defense attorney who understands the system. Our Larimer County assault lawyers at The Colorado Lawyer team could help you stand up to overzealous prosecutors and get the best result the circumstances allow.
Assault is intentionally or knowingly causing bodily harm to another person. Upon conviction, an assault offense could be labeled as either a felony (F) or a misdemeanor (M), depending on who suffered a bodily injury, its severity, and the weapon allegedly used, if any. The state marks some assaults as crimes of violence, which triggers more severe penalties.
Our attorneys are devoted to protecting clients from over-zealous Larimer County prosecutors who bring assault charges based on flimsy evidence. Our team could look for any evidence indicating that your conduct does not merit the prosecutor’s charges and work hard to reduce or even dismiss the charges.
Felony assault charges are crimes of violence. Colorado Revised Statutes §18-3-202 defines first-degree assault. This charge might be appropriate if the alleged assailant:
Second-degree assault might be applicable if an alleged attack involved an intent to cause injury with a deadly weapon and resulted in physical harm to another person or intentional infliction of bodily harm without the use of a weapon. Injuring someone while interfering with an on-duty public safety officer, firefighter, or EMS personnel could also lead to an F2 charge.
Third-degree assault is an M3 misdemeanor charge and is not considered a crime of violence. A prosecutor might charge M3 assault if the accused is alleged to have caused bodily injury to someone else intentionally or through recklessness. They might also do so if an individual allegedly injures someone through the negligent use of a deadly weapon. Throwing dangerous substances or bodily fluids at police, firefighters, or EMS workers could also lead to an M3 assault charge.
Any assault charge could carry a prison sentence. The potential length of the sentence and the time a convicted offender might actually serve depends on whether an individual is convicted of a “crime of violence” and whether they have previous convictions for violent crimes. Our skilled lawyers could fight to get any assault charges against you in Larimer County minimized as much as possible.
Each crime carries a specific penalty. F1 assault might lead to up to 32 years in prison and a $750,000 fine. The maximum penalty for F2 assault is 16 years of incarceration and a $500,000 fine. An individual convicted of M3 assault faces a maximum of 2 years imprisonment, a $5000 fine, or both.
When a judge sentences an individual who was convicted of a crime of violence, they cannot impose less than a minimum sentence. Additionally, if the alleged offender has a prior conviction for a violent crime, the parole board will not generally hear a prisoner’s case until they have served 75 percent of their sentence.
Assault convictions can carry significant penalties, particularly if prosecutors charge it as a crime of violence. Not only will you face longer mandatory prison sentences, but the stigma of being a criminal will follow you for life.
Our Larimer County assault lawyers could push back against prosecutors who do not have reliable evidence to support their case against you. Once the prosecution knows an accused has an aggressive team fighting for them, they often back down. Call our office to get our experienced professionals working for you today.