WHEN DOES A FIGHT ESCALATE TO THE CRIME OF ASSAULT?
Sometimes, when arguments become heated, people in Colorado will get into a fight. While some fights are merely verbal in nature, occasionally they escalate to physical violence. When this happens, the act could be considered the crime of assault.
In general, the crime of assault boils down to intent and the degree to which the alleged victim was injured. One way first-degree assault can be committed in Colorado is if an individual intentionally causes another person to suffer serious bodily injury through the use of a deadly weapon. Second-degree assault may be charged if an individual intentionally causes another person to suffer bodily injury through the use of a deadly weapon. A person commits third-degree assault in Colorado if he or she knowingly or recklessly causes another person to suffer bodily injury. Third-degree assault is also committed if a person, with criminal negligence, causes another person to suffer bodily injury by a deadly weapon, among other circumstances.
Depending on the circumstances of one’s case, there may be some effective defenses to the crime of assault. One such defense to the crime of assault is self-defense. Another defense is that the injurious force was justified in carrying out accused’s public duty. A third defense is that committing assault was necessary because the accused was in an emergency situation where he or she needed to avoid being injured. Acting under duress may also prove to be an effective defense, as, too, can entrapment.
The crime of assault can result in significant penalties, including incarceration and thousands of dollars in fines. Those accused of assault may feel like their options are limited. However, there are certain defenses that an accused individual may be able to employ. A strong defense strategy could lead to a favorable outcome, including the potential for dismissed charges or an acquittal. Therefore, it pays to have an understanding of criminal defense law and how it will apply to one’s situation.