Assault in the First Degree is the gravest Assault charge in Larimer County, Colorado. As a class 3 felony and crime of violence, this offense can result in some of the harshest penalties the Larimer County Courts have to offer. If you are convicted of First Degree Assault, you will face a mandatory sentence to the Colorado Department of Corrections for several years – or even decades – of your life. The plethora of other penalties, such as hundreds of thousands of dollars in fines and restitution, will also wreck your future. If you have been charged with First Degree Assault, don’t underestimate the gravity of your charges. You need to contact a top Fort Collins criminal defense lawyer – fast.
1. Colorado’s Law on Assault in the First Degree, C.R.S. 18-3-202
Colorado’s law on Assault in the First Degree, C.R.S. 18-3-202, is as follows (with some subsections omitted for brevity):
(a) With intent to cause serious bodily injury to another person, he causes serious bodily injury to any person by means of a deadly weapon; or
(b) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such an injury to any person; or
(c) Under circumstances manifesting extreme indifference to the value of human life, he knowingly engages in conduct which creates a grave risk of death to another person, and thereby causes serious bodily injury to any person; or
(e) With intent to cause serious bodily injury upon the person of a peace officer, firefighter, or emergency medical service provider, he or she threatens with a deadly weapon a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties…
(g) With the intent to cause serious bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes serious bodily injury.
Generally, Assault in the First Degree involves acting intentionally or knowingly to inflict serious bodily injury to another person. Use of a deadly weapon is often a part of this charge.
2. What are Deadly Weapons in Fort Collins?
In Fort Collins, deadly weapons, defined under C.R.S. 18-1-901, include any object capable of inflicting serious bodily injury or killing another person. While this definition includes objects that are intended as weapons – such as firearms – it also includes any item that can seriously injure another person. Several courts have ruled that even fists and feet are deadly weapons, as they are capable of inflicting serious bodily injury. See People v. Saleh for an example.
3. What is Serious Bodily Injury in Loveland and Estes Park?
First Degree Assault is charged in Loveland and Estes Park when the defendant is accused of inflicting serious bodily injury to the victim. Serious bodily injury is defined under C.R.S. 18-1-901 as follows:
In other words, knowingly or intentionally causing substantial bodily injury to another person will result in 1st Degree Assault charges.
4. Penalties for Assault in the First Degree in Larimer County
With the exception of Assault committed in the heat of passion, Assault in the First Degree is a class 3 felony and crime of violence in Larimer County. Penalties for this offense include:
- 8 – 32 years in the Colorado Department of Corrections
- 5 years of mandatory parole upon release from prison
- Fine of $3,000 – $750,000
- Restitution payments to the victim to cover medical bills and other costs
- Mandatory relinquishment of all firearms and ammunition
- Inability to seal your criminal record; this is due to Assault in the First Degree’s designation as a crime of violence
Your future does not have to turn out this way. Representation by the best criminal defense lawyer is the only way to protect your future form penalties like these. Don’t wait, and contact us today to discuss your charges. We can help you maintain your freedoms and finances.
Have you been charged with Assault in the First Degree? Be smart, and exercise your right to stay silent – talking to the Fort Collins Police or other law enforcement will only hurt your case. Then get in contact with a criminal lawyer with decades of experience at the O’Malley Law Office today at 970-658-0007 to talk about your case. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Pavel Danilyuk