Colorado state law broadly defines criminal assault as causing bodily injury to another person in an unlawful way. The law is more specific during the sentencing of a convicted defendant and is based on the type of assault and effects of the defendant’s actions. Accordingly, there are three degrees of assault charges, with first-degree assault having the most severe penalties.

Fighting allegations of first-degree assault in Denver could be a uniquely challenging process since even first-time offenders may have significant consequences. However, with support from a legal professional who has been both a prosecutor and defense attorney in over 90 trials, you could more effectively enforce your rights and put forth the strongest possible defense.

When Is Assault Elevated to a First-Degree Offense?

According to Colorado Revised Statutes § 18-3-202, there are seven ways in Denver for someone to commit a first-degree assault:

  • Intentionally causing serious bodily injury to another person with a deadly weapon
  • Intentionally causing serious and permanent disfigurement to another person
  • Unintentionally causing serious bodily injury to another person through behavior indicating “extreme indifference” to human life, which puts that person at “grave risk of death
  • Intentionally threatening to cause serious bodily injury with a deadly weapon to someone they know to be a police officer, firefighter, or emergency medical service provider
  • Intentionally threatening to cause serious bodily injury with a deadly weapon to someone they know to be a judge or court officer
  • Intentionally threatening to cause serious bodily injury with a deadly weapon to someone they know to be a correctional officer or other person employed by a correctional facility while incarcerated in such a facility after being convicted or adjudicated guilty of a crime
  • Intentionally causing serious bodily injury to another person through the obstruction of their breathing and/or normal blood flow in their throat or neck

A seasoned attorney could discuss the elements of each type of first-degree assault with you during a confidential consultation.

Possible Sanctions From a First-Degree Assault Conviction

A first-degree assault charge in Denver is a class 3 felony offense. A convicted individual could face a fine of between $3,000 and $750,000, a minimum prison term of 10 years up to a maximum of 32 years, and a mandatory minimum three-year parole term that starts after the defendant completes their prison term.

Notably, these penalties are more severe than the basic sentencing range for class 3 felonies, which are usually punishable by between four and 12 years of imprisonment. This is because a first-degree assault is generally treated as an “aggravated and extraordinary risk” offense, as are most other felony crimes of violence.

Discuss Legal Options for First-Degree Assault Charges With a Denver Attorney

An accusation that you physically assaulted another person could result in serious criminal charges that may lead to paying steep fines and being incarcerated. However, first-degree assault in Denver is the most serious assault allegation, with prison time that could span decades rather than years.

If you face accusations of such an offense, contacting a skilled legal counsel should be your top priority. Call today to schedule a consultation.