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Colorado recognizes three levels of assault, but unlike other jurisdictions, the state does not use aggravated assault or assault with a deadly weapon to separate these degrees of severity. Instead, the degree of assault depends on the harm inflicted or intended, the assailant’s state of mind, and the presence of a deadly weapon. First-degree assault is a felony, while a third-degree assault in Denver is a Class 1 misdemeanor. If you are facing third-degree assault charges, seek help from an assault defense attorney who knows the nuances of these cases and could help you build a strong defense.
A court classifies an act as assault in the third degree when someone does one or more of the following acts.
When individuals knowingly or recklessly cause bodily harm to another person, they may be guilty of assault. The severity of the injury or harm plays a role in determining the degree of assault. Punching someone in the face without causing permanent injuries is an example of third-degree assault.
If people use a deadly weapon negligently to harm another person, they may face third-degree assault charges, depending on injury severity. Striking someone over the head with a bottle could be classified as a first-degree or second-degree assault if it caused permanent brain damage or third-degree assault if the act only resulted in a severe headache.
Protected employees refer to individuals who are first responders, such as police officers, peace officers, firefighters, or emergency medical personnel. When someone attempts to harm or alarm protected employees in Denver by exposing them to bodily fluids or hazardous materials, they have assaulted them in the third degree.
In Denver, penalties for third-degree assault are a maximum of 18 months in jail and/or a fine. When determining penalties, a court considers the assailants’ criminal history, the facts of the case, and their relationship with the injured person.
If the assault is considered an act of domestic violence, the defendant would be placed on probation, which would include orders to attend domestic violence counseling and treatment. If the facts warrant it, a court may also order a defendant to attend anger management or alcohol classes. The defendant’s criminal history determines if a case is considered domestic violence.
A skilled defense attorney could help you by analyzing your case, identifying potential defenses, and developing a strategy tailored to your specific situation. They could interact with the court and prosecution to file paperwork, discuss charges, and provide legal representation on your behalf.
A strong defense strategy is critical when fighting a third-degree assault charge in Denver. An assault lawyer could review the facts and physical evidence to ensure the details align. They could also contact possible witnesses, including experts, and identify potential weaknesses in the prosecution’s case to strengthen your defense.
An experienced defense attorney could also negotiate with the prosecution to secure a more positive outcome for you, using their knowledge of the law and your case’s specifics. Negotiating a plea bargain may be a favorable option for you, as it could result in lower fines, less jail time, or reduced charges.
Differentiating assault degrees can be difficult, given that classification often depends on the severity of an injury and the intent. If you or someone you know has been charged with third-degree assault in Denver, contact Petrash Law for legal guidance or representation.