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Third-degree assault, which state law defines as causing a bodily injury to someone else knowingly and/or irresponsibly, is a class 1 misdemeanor in Denver. This means a conviction could result in maximum sanctions of $1,000 in fines and or 364jail time. However, assault committed under certain other circumstances could be categorized as a felony offense, opening you up to much more serious penalties upon conviction, which could include years or even decades in state prison.
If you have been arrested and charged with felony assault in Denver, the actions you take right now to protect your legal and personal best interests may have a significant effect on the rest of your life. A seasoned assault attorney could effectively construct and present your defense strategy.
Second-degree assault is a class 4 felony offense that involves one or more of the following:
Furthermore, anyone who intends or threatens to cause a public official to experience any bodily injury, exposure to bodily fluids, or exposure to a toxic substance could be charged with second-degree assault, even if no injury actually resulted from the defendant’s actions.
First-degree assault is a class 3 felony. It generally involves the use of a deadly weapon to cause serious injury or intentionally cause someone else to suffer permanent disability and/or disfigurement. If someone threatens serious harm with a lethal weapon to an on-duty public official whom they know is serving in such a role at the time, this could result in a first-degree felony assault charge in Denver.
A number of the same standard defense strategies that could apply to other types of criminal allegations in Colorado could also apply to felony assault charges in Denver. These strategies include mistaken identity, self-defense, lack of intent to cause harm, and potential entrapment. However, it is worth noting that there is a somewhat unique defense that may be applicable to felony assault cases, which involves arguing that an assault occurred in the state of passion, rage, or fear.
In brief, court precedent holds that if someone commits felony assault under extreme provocation that is beyond the capacity for any reasonable person to handle rationally, the severity of their felony charge could be downgraded two levels—for example, from class 4 to class 6 felony for a second-degree assault charge. That said, voluntary intoxication does not constitute an excuse for any degree of assault, so being drunk is not a defense in this regard.
Whether you have an existing criminal record or have never been in court before, being charged with felony assault in Denver may prove to be an intimidating and life-altering experience. Additionally, contesting a charge of this nature could be more complicated in practice than you might expect, especially if you are accused of threatening to harm a police officer, firefighter, or any other public worker.
Fortunately, you could get the guidance of a reliable legal professional with over 90 trials, both as a prosecutor and a defense lawyer. Call Petrash Law today to discuss your options.