Assault is a serious crime that can result in jail time, a criminal record, and an impression that you are a violent person if you are convicted. These consequences can negatively impact your freedom, life, and future, so it’s crucial that you work with an experienced Lakewood assault defense attorney.
As a former prosecutor, Elaine Lukic understands how the other side prepares its case. I can use this inside knowledge to mount a strong defense to your case and protect you from the stiffest consequences.
If you are facing criminal charges for assault, contact the Lakewood criminal defense attorney at The Law Offices of Elaine E. Lukic today to begin your defense.
Assault Defined Under Colorado Law
Colorado has three different degrees of criminal assault, each with their definition and potential punishments.
First Degree Assault
First-degree assault (CRS 18-3-202) is the most serious form of assault in the state. It occurs when you:
- Cause serious bodily injury to a person by using a deadly weapon when you intended to cause such harm
- Cause bodily injury to a person with the intent to seriously and permanently disfigure them or destroy, amputate, or permanently disable a member or organ of their body
- Knowingly engage in conduct that creates a grave risk of death to another person and causes serious bodily injury to a person under circumstances showing extreme indifference to the value of human life
- Threatens a peace officer, judge, officer of a court, detention facility worker, Department of Human Services youth services worker, firefighter, or EMS worker engaged in their duties with a deadly weapon, knowing the person is engaged in these duties and with the intent to cause serious bodily injury
- Apply sufficient pressure to obstruct or restrict breathing or blood circulation to the neck with intent to cause serious bodily injury and cause such injury
Depending on the circumstances, this offense can be charged as a class 3 or 5 felony and subject you to penalties reserved for violent offenders.
Second Degree Assault
Second-degree assault (CRS 18-3-203) occurs when you:
- Cause bodily injury to a person by using a deadly weapon when you intended to cause such harm
- Cause serious bodily injury to another person with the intent to cause bodily injury to them
- Intentionally cause bodily injury to a peace officer, firefighter, emergency medical care provider, or EMS worker from performing their lawful duty with the intent to prevent them from performing their lawful duty
- Recklessly cause serious bodily injury to another person by using a deadly weapon
- Intentionally cause stupor, unconsciousness, or other impairment or injury to another person by administering a drug, substance, or preparation to another person without their consent
- Knowingly engage in conduct that creates a grave risk of death to another person and cause serious bodily injury to a person under circumstances showing an extreme indifference to the value of human life
- Knowingly and violently apply physical force against a peace officer, firefighter, emergency medical service provider, Department of Human Services youth services worker, judge, or officer of the court while they are performing their legal duties and while you are lawfully confined in custody and you know their job and that they are performing their legal duties
- Cause an employee in a detention facility, firefighter, peace officer, emergency medical care provider, or EMS worker to come into contact with blood, urine, feces, seminal fluid, saliva, vomit, mucus, or any toxic substance with the intent to infect, injure, harm, harass, annoy, threaten, or alarm them while lawfully confined in a detention facility or when they are performing their lawful duties
- Apply sufficient pressure to obstruct or restrict breathing or blood circulation to the neck with intent to cause bodily injury and cause such injury
Assault in the second degree can be charged as a class 6 felony, class 4 felony, or class 3 felony, depending on the circumstances. Some situations call for the violent offender sentencing prescribed under CRS 18-1.3-406. Assault involving bodily fluids can often be charged as sexual assault. You would
Third Degree Assault
Third-degree assault (CRS 18-3-204) occurs when you:
- Knowingly or recklessly cause bodily injury to another person by using a deadly weapon
- Cause bodily injury to another person with criminal negligence by using a deadly weapon
- Cause a firefighter, peace officer, emergency medical care provider, or EMS worker to come into contact with blood, urine, feces, seminal fluid, saliva, vomit, mucus, or any toxic substance with the intent to harass, annoy, threaten, or alarm them when they are performing their lawful duties and you know they are working in this capacity
Third-degree assault is a class 1 misdemeanor and extraordinary risk crime. Assault involving a weapon can be classified as a Lakewood weapons charge.
Contact a Lakewood Assault Defense Lawyer
All of these crimes can result in serious consequences. If you are facing an assault charge, call (303) 809-3425 or fill out our contact form to learn more about how The Law Offices of Elaine E. Lukic can help.