Because people are different, we obviously all have different reactions when we get bad news. Some people cry, some people shut down, and some people decide to punch the random person standing next to them. Well, at least one person reacted that way and now he is facing Assault charges. According to the news report, a man was at a party when he received some upsetting news. Without warning or provocation, the man turned and punched the man next to him, rendering the unknowing man unconscious. The man who was knocked out was taken to the hospital to receive medical care for a cracked skull and a brain bleed. The accused man could be facing 1st Degree Assault charges for the bad reaction.
First Degree Assault in Larimer County
The Colorado Assault in the First Degree – C.R.S. 18-3-202 – is:
(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, and the offender knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider acting in the performance of his or her duties; or
(e.5) With intent to cause serious bodily injury upon the person of a judge of a court of competent jurisdiction or an officer of said court, he threatens with a deadly weapon a judge of a court of competent jurisdiction or an officer of said court, and the offender knows or reasonably should know that the victim is a judge of a court of competent jurisdiction or an officer of said court.
An important definition in the1st Degree Assault law is ‘serious bodily injury’ which is defined as:
In Larimer, Boulder, and Grand County, another vital definition is ‘deadly weapon:’
- A firearm, whether loaded or unloaded; or
- A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.
[pullquote align=”center” textalign=”center” width=”95%”]Have you been charged with First Degree Assault? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
Looking at the statute and these two definitions, it could be reasoned that the man caused serious bodily injury with his punch and his fist acted as a deadly weapon. In theory, the deadly weapon definition could cover any object that when used in a particular way, could cause death or injury. We have seen many cases where the District Attorney classified hands or fists as deadly weapons. The accused man caused serious bodily injury – bleeding in the brain – with just one blow. Thus, he is facing the class 3 felony Assault in the 1st Degree.
Mandatory Prison Sentence for 1st Degree Assault in Fort Collins and Northern Colorado
Like many serious felony crimes, First Degree Assault has mandatory prison time. Under C.R.S. 18-1.3-406, the court is required to give the convicted person a minimum sentence of the midpoint in the presumptive range. Here, that number is 10 years in the Colorado Department of Corrections. Also, as an extraordinary risk, crime of violence charge, the court can sentence the man up to 32 years. Once moment of thoughtlessness can ruin a person’s life.