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Under Colorado law, the state brings assault charges when one person causes bodily harm to another, either intentionally or with a level of negligence that is criminal. These are serious charges that can result in a lengthy prison sentence.
If you have been accused of assault, you must seek the help of a seasoned Boulder assault lawyer. With the assistance of a reliable legal professional from Petrash Law, who has handled over 90 trials as a prosecutor and defense attorney, a favorable outcome could be possible.
Under state law, there are three types of assault charges. They are ranked by degree, with first-degree assault being the most serious offense. An attorney in Boulder could help you fight assault charges of any kind.
The lowest, most basic of these offenses is third-degree assault. A person is guilty of this crime when they knowingly or recklessly inflict bodily harm on another person. This means you could be found guilty if you acted recklessly with a deadly weapon, even if the injury was not intentional.
Second-degree assault is a Class 4 felony, which means it can result in a maximum of 16 years in prison. A person commits this offense when they intentionally or recklessly harm someone with a deadly weapon. This offense comes with a higher degree of intent than third-degree assault.
The most serious of the three charges—first-degree assault—occurs when a person intentionally causes severe injury to someone. State law defines serious bodily injury as a condition involving a substantial risk of death, permanent disfigurement, or the loss of a body part or function.
You have options for defending yourself against an assault charge. The first step is to discuss your case with an assault lawyer in Boulder and learn about strategies that might fit with the facts of your case. Some of those options include:
Arguably, the most common defense in an assault case is self-defense—you have the right to use a reasonable amount of force if you are facing an immediate threat of serious harm. If someone intends to injure you, you can respond with similar force in a way that would typically qualify as assault. Even if the elements of the crime are met, you may have a defense if you can show you reasonably feared for your safety and that the other party was the aggressor.
Each of the three types of assault charges has an element of intent, and for you to commit this crime, you must not only injure someone but do so with the necessary criminal intent. This could be recklessness or an intentional act, depending on the particular crime you have been charged with. If you lacked such intent, an assault may not be considered an offense.
There are situations in which two parties may consent to an inherently dangerous activity. If such action results in injury, it cannot be considered an assault.
No one should face the aftermath of an assault arrest on their own. Having the support of strong legal counsel could help you effectively defend these charges and seek the best possible outcome for your circumstances.
You will only be at risk if you act on your own behalf. By relying on the skill and experience of a Boulder assault lawyer, you could present the best case possible. Call Petrash Law as soon as possible to schedule a private consultation.