First-Degree Assault Charges
Colorado Revised Statutes Annotated § 18-3-202 provides that first-degree assault, which is a felony offense, occurs under primarily under four circumstances:
- Intentionally causing serious bodily injury to another using a deadly weapon
- Deliberately inflicting severe and permanent disfigurement or permanently disabling a member or organ of another
- Purposely engaging in conduct that poses a grave risk of death to others and results in serious bodily injury under circumstances that reflect extreme indifference to human life
- Knowingly strangling or restricting the breathing of another and causing severe bodily injury
First-degree assault also may occur in specific situations in which various classes of people suffer serious physical injuries, such as peace officers, firefighters, and emergency medical services personnel. Separate provisions also address first-degree assault concerning judges and employees of juvenile detention facilities.
Second-Degree Assault Charges
Second-degree assault under Colo. Rev. Stat. Ann. § 18-3-203 is also a felony offense of varying levels. This offense results when persons intentionally or recklessly cause bodily injury to another using a deadly weapon or purposely cause physical harm to specific individuals in the course of their lawful duties, such as peace officers, firefighters, and emergency services personnel. Second-degree assault charges also may apply in cases in which persons who are lawfully confined or in custody use intentional and violent physical force against officers or other selected individuals.
Administering a substance to others without consent that renders them unconscious or mentally or physically impaired can also constitute second-degree assault. Although second-degree assault charges are generally less severe than first-degree assault charges, as an experienced assault attorney in Westminster knows, the penalties for a conviction can still have serious ramifications. A second-degree assault charge can be a Class 3, 4, or 6 felony offense, depending on the circumstances.
