In Fort Collins and Larimer County, Colorado, there are three degrees of Assault that a person may be criminally charged with: First Degree Assault, Second Degree Assault, or Third Degree Assault. The level of Assault that is charged is based on the person’s intent, the method, and the level of injury sustained. The more serious the injury, the more severe the charge. Let’s takes a closer look at each of the three degrees of Assault that a person can face.
Larimer County First Degree Assault Attorney: Elements of Assault in the First Degree
In order to compare the three degrees of Assault, you need to know the elements of each. Let’s start with Assault in the First Degree. 1st Degree Assault – C.R.S. 18-3-202 – is charged when:
- with intent to cause serious bodily injury to another, a person causes that serious bodily injury with a deadly weapon;
- with extreme indifference to the value of life, a person engages in conduct that creates a grave risk of death to another and causes serious bodily injury;
- with intent to cause serious bodily injury to a police officer, firefighter, ems provider, judge, officer of the court, or an employee of a detention facility, a person threatens any of the above listed people with a deadly weapon;
- with intent to cause serious bodily injury, a person applies pressure to impede another’s ability to breathe and causes serious bodily injury.
Generally, we see this crime charged under the first bullet point. An example would be someone stabs or shoots another person and the person survives.
Second Degree Assault Lawyer in Loveland: Elements of Assault in the Second Degree
Second Degree Assault – C.R.S. 18-3-203 – is charged when:
- with intent to cause bodily injury, a person causes that injury with a deadly weapon;
- with intent to keep a peace officer, firefighter, or ems provider from doing their job, a person causes bodily injury to any of the above listed persons;
- with intent to keep a peace officer, firefighter, or ems provider from doing their job, a person causes serious bodily injury to any of the above listed persons;
- a person recklessly causes serious bodily injury with a deadly weapon;
- using drugs or another substance to cause unconsciousness or other physical or mental impairment to another;
- while in custody, a person applies physical force against a peace officer, firefighter, ems provider, judge, officer of the court or employee of a detention facility;
- with intent to cause bodily injury, a person causes serious bodily injury;
- with intent to infect, injure or harm a police officer, firefighter, or ems provider, a person causes the above listed persons to come into contact with their spit, bodily fluids, excrements, or other toxic materials;
- with intent to cause bodily injury, a person applies pressure to impede another’s ability to breathe and causes bodily injury.
Fort Collins Assault Defense Attorney: Definition of Assault in the Third Degree
The Larimer County, Colorado law definition of Assault in the Third Degree – C.R.S. 18-3-204 – is:
(a) The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or
(b) The person, with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.
VERY often we see this charge related to Domestic Violence. Anytime someone claims there was physical contact and that contact caused pain, whether lasting or not, Third Degree Assault is charged.
Comparing the Three Degree of Assault: What’s the Difference Between 1st Degree Assault, 2nd Degree Assault and 3rd Degree Assault?
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The Punishment Range – Felony or Misdemeanor?
1st Degree Assault is the most serious charge of the three and is charged as a high level felony. Second Degree Assault is also a felony crime. Third Degree Assault is the least severe of the three degrees and is a misdemeanor crime.
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Level of Injury / Use of Weapons
Assault in the First Degree always involves serious bodily injury and almost always includes a deadly weapon. 3rd Degree Assault involves bodily injury and no weapons. Assault in the 2nd Degree falls in the middle – sometimes including serious bodily injury or a deadly weapon, but not a combination of the two elements.
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The Type of Sentence Involved
The more serious the felony, the more likely a sentence to the Colorado Department of Corrections (prison) will be. There is a high likelihood that a First Degree Assault conviction will result in a sentence to prison. Second Degree Assault can also result in a prison sentence, especially if serious bodily injury was a result. Because it is a misdemeanor, Assault in the Third Degree is punishable with a sentence to the Larimer County Jail or probation.
If you or someone you love has been charged with one of the three degree of Assault, be smart, exercise your right to remain silent, and contact the best affordable lawyer at the O’Malley Law Office at 970-658-0007. Together, we can protect your future.
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