Assault Defense Attorney in Castle Rock, Colorado  

Facing assault charges can be stressful, overwhelming, and emotionally draining. However, it’s important that you understand that you have rights, and you can and should fight for them. Understanding the categories of assault under Colorado state law can help you gain a clearer picture of your legal situation, allowing you to breathe easier and begin building a strategic defense alongside your criminal defense attorney that aligns with your charge.  

At our firm, we work to serve those in Castle Rock, Colorado, and the surrounding areas of  Parker, Lone Tree, Highland Ranch, Larkspur, Kiowa, or Centennial. Reach out to us to understand how your assault charge can affect you according to Colorado law and federal law.  

Types of Assault  

There are three degrees of assault in the state of Colorado: third-degree, second-degree, and first-degree. Each category carries increasingly serious consequences for perpetrators. Depending on the type of assault, you could be charged with either a misdemeanor or a felony. A misdemeanor is an offense or crime punishable by law; a felony is also a crime but more serious than a misdemeanor. Depending on what you’re being accused of, you may be charged with either a felony or a misdemeanor.  

3rd Degree Assault 

3rd-degree assault is classified as a Class One misdemeanor and occurs when:  

• an individual knowingly, recklessly, or criminally negligently causes bodily injury to another individual; 

• an individual knowingly annoys, harasses, threatens, or injures peace officers or other protected employees with a dangerous substance; or, 

• an individual causes bodily injury using a deadly weapon. 

2nd Degree Assault  

2rd-degree assault is classified as a felony in the state of Colorado. Second-degree assault is a broader classification than third-degree assault. State law declares a second-degree assault includes one or more of the following criteria:  

• Intentionally or recklessly causing serious injury with a deadly weapon 

• Preventing a firefighter, police officer, or EMT worker by trying to hurt someone 

• Making someone suffer a mental or physical impairment – including drugging them or making them unconscious without their consent 

• Knowingly using physical force against an emergency responder, prison worker, or court worker 

• Attempting to use bodily fluids to infect or contaminate an emergency responder or prison worker 

• Trying to hurt someone and then causing a serious injury, even on accident 

• Suffocating or strangling someone 

1st Degree Assault  

First-degree assault is also a felony. First-degree assaults require the use of a deadly weapon, carry stiffer penalties than second or third-degree charges, and occur in the state of Colorado when: 

• The perpetrator intends to cause serious bodily injury to another person and does actually cause serious bodily injury to anyone (even if not the intended person). 

• Intentionally seriously disfigure or disable another person. 

• With "Extreme Indifference: to the value of human life, an individual knowingly does something that creates a grave risk of death, and in doing so, causes serious bodily injury to another. 

• With intent to cause serious bodily injury to police, a firefighter, a judge, or a prison worker; you threaten them with a deadly weapon. 

An individual may be charged with first-degree assault following: 

• Harming an individual during an armed robbery using a firearm, knife, or club 

• Attacking an individual using your car, truck, or vehicle 

• Or threatening emergency responders with a deadly weapon 

Possible Penalties 

Assault carries numerous potential penalties in Colorado. Punishments are divided into the same categories as assault charges (first, second, or third-degree) and can include 18 months to 30+ years in jail on top of fines that can range from $1,000 to more than $750,000. Also, it’s important to understand that these penalties depend on the circumstances surrounding the assault. Because of this, it’s important to get a strong defense so that you have a chance to lessen or possibly avoid these penalties. 

Possible Defenses  

There are a few avenues that you with your skilled criminal defense attorney will explore when trying to defend the assault accusations. If you and your attorney can convince the court or jury that you were doing the following, you may be able to get your charges reduced or dropped completely:  

• You were protecting yourself. 

• You were operating with a lack of criminal intent. 

• You created minor bodily injuries against the victim. 

• Or you were acting while in the heat of passion.