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Assault

Assault Defense Attorney Colorado Springs

Assault charges in Colorado are charged when someone knowingly or recklessly causes bodily injury to another person. Believe it or not, “bodily injury” can even mean that that assault simply caused “pain” to the alleged victim in the case.

Assaults in Colorado can be charged as a misdemeanor or as a felony. In every instance of assault, the charges are serious and can carry lengthy jail, prison or probationary sentences.

Types of Assault In Colorado

There are three basic types of assault under Colorado law:

  • Third Degree Assault (Class One Misdemeanor)
  • Second Degree Assault (Felony)
  • First Degree Assault (Felony)

Third degree assault is a simple assault that does not involve a weapon or cause any serious bodily injury. It only requires that the victim in the case experiences pain from the assaultive behavior.

Second Degree and First Degree Assaults are very serious crimes that are also considered “crimes of violence” under Colorado law. If you are convicted of either of these charges as a crime of violence, you are looking at an extended mandatory prison sentence followed by mandatory parole.

Second Degree Assault is typically an assault that involves either a deadly weapon, or serious bodily injury (such as broken bones, permanent disfigurement, etc.). It can also be charged in an assault on a police officer or prison guard.

First Degree Assault is typically where a deadly weapon and seriously bodily injury result from the assault. Examples of deadly weapons can include; guns, knives, bats, or even hands if used in a particular manner.

Domestic Assault In The State Of Colorado

If the alleged victim of the assault is an intimate partner of the accused (husband, wife, boyfriend or girlfriend), the case will be charged as an act of domestic violence by the prosecution.

Domestic violence charges are sentence enhancers, they are not a crime unto themselves. This means if you plea to a count of DV, you are looking at supervised probation, evaluations and DV specific classes.

All assaults are serious, but domestic violence assaults can carry additional penalties such as loss of the ability to possess a weapon under the Lautenberg Amendment. Members of the military should be extra cautious of accepting a plea to a domestic violence charge as their career could be at stake. Even those who are avid hunters or gun owners should seek expert legal representation on a domestic violence case to make certain they understand the full range of consequences in a plea.

Speak To An Colorado Springs Based Assault Defense Lawyer Today

At the McDowell Law firm, we handle all types of assaults including misdemeanor assaults, felony assaults and domestic assaults. An assault is a case that can have a lasting impact on your freedom, career and your future.

When we accept an assault case, we look at every defense in your case. Some common defenses include; general denial of the allegations, self defense, defense of property and defense of others.

If you would like a free consultation on an assault matter, call to speak with attorney Josh McDowell today at (719) 227-0022, or visit us at our downtown Colorado Springs  office.