I think everyone has heard the ‘or else’ threat added to the end of a command. Whether you take it seriously or not is a risk a person takes when they choose whether or not to heed the demand. One neighbor chose to ignore a demand and it landed him in the hospital. According to the news report, a sixty-year-old man went to his neighbor’s house to tell him to turn down the volume on his television. Apparently the neighbor didn’t obey, because the man returned and stabbed the neighbor in the chest and abdomen with a kitchen knife. He was arrested and charged with First Degree Assault.
What is First Degree Assault in Larimer County?
Assault in the First Degree – C.R.S. 18-3-202 – is defined by Colorado law as:
(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
There are two very important terms in the definition of 1st Degree Assault. The first is ‘serious bodily injury.’ According to the law, ‘serious bodily injury’ is defined as:
The second vital term is ‘deadly weapon’ which means:
(II) 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=”100%”]Have you been charged with Assault? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
The man is the story above caused a substantial risk of death when he stabbed his neighbor with a knife, which is a deadly weapon in Larimer, Boulder, and Grand County. This type of crime is considered a crime of violence and carries a harsher punishment. As a class 3 felony, 1st Degree Assault is punishable by 8 to 24 years in the Colorado Department of Corrections. With so much at stake, it is important for a person accused of this crime to be well represented. If you are facing these charges, the experienced lawyers from the O’Malley Law Office will work tirelessly to present a solid defense in front of your jury.