Fights in Fort Collins, Loveland and Estes Park, which involve serious bodily injury or a weapon will normally result in charges of First Degree Assault, C.R.S. 18-3-202. While the specific circumstances of any deadly weapons case will impact its final disposition, these cases certainly arouse a heightened level of concern from District Attorneys and judges. Any conviction for most provisions of this crime will result in a mandatory prison sentence to the Colorado Department of Corrections. If you have any exposure to this serious Assault charge, contact us right away for a free consultation.
Larimer County First Degree Assault Attorney: Deadly Weapon and Serious Bodily Injury
For purposes of Assault in the First Degree within the elements listed below, “Deadly Weapon” can be defined as follows: a firearm, whether loaded or unloaded; a knife; or any object that, in the manner it was used or was intended to be used, has the capability of producing death or serious bodily injury to someone. “Serious bodily injury” is defined as serious damage to another person, including a strong risk of death, permanent disfigurement, serious burns, fractures, breaks, or the loss or impairment of a function of the body.
Fort Collins Assault in the First Degree Elements
Here are the specific circumstances where people in Larimer County, Loveland and Fort Collins might expect to be charged with First Degree Assault:
- With intent to cause serious bodily injury to another person, he or she causes serious bodily injury to any person by means of a deadly weapon; or
- With intent to cause serious bodily injury to a police officer or firefighter engaged in the performance of their duties, he or she threatens them with a deadly weapon; or
- With intent to disfigure another, or to destroy, amputate or disable them permanently, he causes such injury to anyone; or
- 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, and thereby causes serious bodily injury to any person; or
- With intent to cause serious bodily injury to a judge or officer of a court he threatens them with a deadly weapon, knowing they are a judge or court officer; or
- While lawfully confined or in custody, with intent to cause serious bodily injury to a person employed by a detention facility, he or she threatens them with a deadly weapon while they are engaged in the performance of their duties.
With this crime, the Larimer County prosecution must also establish and prove the intent of the defendant to commit the act which resulted in the serious injury to another person. Either:
- An intent to cause injury,
- Knowingly engaging in conduct which could present a grave danger to another person, or
- Acting in extreme indifference to the value of human life,
One of these things must be proven in order for a conviction of first degree assault.
Boulder County 1st Degree Assault Mandatory Prison Sentence
Mandatory Prison is required for this offense unless the “sudden heat of passion” defense is available. In this case, the crime is a class 5 felony and probation is possible. With the normal class 3 charge, the required prison sentence can be up to 16 years.
Loveland First Degree Assault Charges: Our Attorneys are Loyal to You
With the serious nature of Assault in the First Degree, it is vital to your defense that you quickly consult with an experienced criminal defense attorney, not a former prosecutor (and lengthy associate of police officers) who has changed sides and alleges they can now be loyal to you. After over twenty years of criminal defense, our proven loyalty to you is certain. We are, and always have been, criminal defense lawyers.