1st Degree Assault

Under Colorado law, first-degree assault is defined as intentionally and seriously injuring someone using physical force, usually involving the use of a deadly weapon. In Colorado, first-degree assault is seen as a Crime of Violence (COV) and carries a mandatory sentence. That means that assault in the first degree can carry a mandatory minimum jail term of 10 years and up to 32 years in a state penitentiary (DOC) with a guaranteed five years of parole.

Penalties associated with First Degree Assault

Assault in the first degree is typically considered a Class 3 felony, or felony assault, in the state. It carries an imprisonment term of between ten and 32 years in state prison and a minimum fine of $3,000.

Suppose there is evidence to the effect that the assault occurred in the heat of passion. In that case, the severity of the offense may be reduced to a Class 5 felony, which is associated with an imprisonment term of between one and three years in the Department of Corrections (DOC) as well as a minimum fine of $1,000.

However, there is a long list of consequences associated with all felonies. These consequences can affect your Second Amendment rights, voting rights, and/or make it more challenging to acquire employment.

What does First Degree Assault Include in Colorado?

• The intention to cause, and then causing “serious bodily injury” to a person
• The intention to disfigure another individual “seriously and permanently”
• Amputating, destroying, or causing permanent disability to a body part or organ
• Seriously hurting another person while consciously committing an act that “creates a grave risk of death under the circumstances manifesting extreme indifference to the value of human life”
• The use of a deadly weapon to threaten severe bodily harm on a law enforcement officer
• Intentionally suffocating or strangling someone to cause serious bodily harm

The two primary elements that help determine whether an attack amounts to first-degree assault are as follows:

• The gravity of the injuries
• Whether a deadly weapon was used

What is meant by Serious Bodily Injury?

One of the key elements of assault in the first degree is serious bodily injury. In Colorado, the prosecution has to prove this facet of assault beyond a reasonable doubt. “Bodily injury” and “serious bodily injury” are distinct, and first-degree assaults usually involve serious injuries. Second-degree assault involves non-serious injuries.

A “serious bodily injury” refers to specific types of injuries and wounds. Such wounds have to involve a significant risk of death, severe permanent disfigurement, or extended loss or impairment of the function of any body part or organ. Stemming from this, it may include fractured or broken bones. Second or third-degree burns are also considered serious injuries.

Notably, the significant risk of loss of function or death does not have to occur immediately. It can occur at a later time as well.

Some examples of serious bodily injury include the following:

• A gunshot wound to the leg that necessitates amputation
• A tiny cut from a stab wound that causes serious internal bleeding, requiring the victim to have their spleen excised
• A dart thrown into a person’s eye that makes them lose vision in that eye
• Brain damage due to a choke hold

What is a Deadly Weapon?

Under the provisions of first-degree assault laws in Colorado, the use of a deadly is a consideration. Deadly weapons may include:

• Knife
• Firearm, immaterial of whether it is loaded or not
• Bludgeon
• Anything that can cause serious bodily injury or fatality when used in the way it was used

What are the Legal Defenses per Colorado Law?

The four common legal defenses to first-degree assault allegations in Colorado are as follows:

• Lack of intent, or criminal negligence
• Self-defense
• The heat of passion
• Lack of a serious bodily injury

Some of the above defenses for assault aim to reduce the severity of the charges from a first-degree to a lesser charge. Other defenses are employed with an aim to reduce the penalties of a conviction. Yet others aim for an acquittal.

Self-defense or Defense of Others

Under the law, self-defense and the defense of others are common defenses against assault in the first-degree charges. These defense arguments, if successful, can render the assault justifiable, leading to an acquittal.

Self-defense usually involves proving that:

• You believed the other individual was about to use force against you
• You used the amount of force you believed was required to protect yourself
• Both of the above beliefs were objectively reasonable
• The strategy involving the defense of others is only slightly distinct, which involves you defending another person rather than yourself

However, the use of either of these defense strategies can be complex.

Lack of Intent

The prosecution will have to prove beyond a reasonable doubt that you had the intent to cause serious bodily injury. It will help to produce evidence that shows that you had no intention to hurt anyone. On top of this, evidence that proves that you made a mistake can be helpful as well.

It can also be helpful to provide evidence that you had no intention to seriously injure someone. The charges could be reduced if you prove that you did not want to hurt the plaintiff in a serious manner. Second-degree assault charges are associated with lower penalties.

Absence of Serious Bodily Injury

Assault in the first-degree charges requires a serious bodily injury, and the injuries are not as serious in many cases.

The penalties of a conviction can be reduced if you can show that the injury was not serious.

The Heat of Passion Defense

Under the law, defendants can claim that they only acted in an unanticipated heat of passion.

However, proof of all the following is necessary to show that you only acted in the heat of passion:

• The alleged victim seriously provoked you
• Such provocation would have excited an uncontrollable passion in any reasonable minded person
• There was no adequate interval between the provocation and injury for you to gather your composure

The heat of passion defense strategy does not offer a complete defense, and only reduces charges from a Class 3 felony to a Class 5 felony.

Talk to a Competent Colorado Criminal Defense Lawyer Today

A first-degree assault charge will affect your life in a significant manner, make no mistake about it. If you are convicted, you will do time behind bars. For a crime of violence, there are no provisions for a suspended sentence. A conviction for first-degree assault will take you away from your loved ones and likely cause impediments in gaining employment, purchasing a house, or enjoying life like you once did.

These are critical reasons why you should consult with an experienced criminal defense lawyer. At the law offices of Anderson & Carnahan, we work with clients facing serious criminal charges. Our seasoned lawyers assess the facts of the case meticulously and help develop a defense strategy that will work best in your specific circumstances. We will fight hard to defend your freedom. To schedule a free initial consultation with a skilled criminal defense attorney, call today at (719) 473-9099.