An Arvada man was recently arrested by the Clear Creek County Sheriff’s Office and is being held on $2 million bail for setting his girlfriend on fire during a camping trip with her and her kids. According to the news report, the man and his girlfriend began to fight and it turned physical when he kicked her and in retaliation she punched him in the face, splitting his lip. He, in turn, poured gasoline on her and used his lighter to set the woman on fire. One of her children witnessed the event, while the other did not see it happen, but came to help when he heard the screaming. The boys called 911 and the woman was airlifted to a hospital. The boyfriend was arrested and charged with Assault in the First Degree, Attempted Second-Degree Murder, and Violation of a Protection Order.
Larimer County Assault in the First Degree Lawyer: What is the Definition of 1st Degree Assault?
The Colorado law definition of 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
(d) Repealed.
(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; or
(f) While lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child and with intent to cause serious bodily injury to a person employed by or under contract with a detention facility, as defined in section 18-8-203 (3), or to a person employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, he or she threatens with a deadly weapon such a person engaged in the performance of his or her duties and the offender knows or reasonably should know that the victim is such a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203 (3), and who is required to report back to the detention facility at a specified time shall be deemed to be in custody.
Based on the definition above, the man would be charged with 1st Degree Assault because he actions met part (b) of the statute. Fire will no doubt seriously and permanently disfigure a person.
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Loveland First Degree Assault Attorney: What is the Sentence for 1st Degree Assault?
In Fort Collins, Loveland, and Estes Park, Assault in the First Degree is a class 3 felony and is subject to the crime of violence extended sentencing range. This means that instead of the standard sentence of 4 to 12 years in the Colorado Department of Corrections for a class 3 felony, the range would extend to 8 to 24 years. Now, if it is determined that the Assault occurred in the sudden heat of passion, that would be considered a mitigating factor, lowering the felony level to a class 5.