Understanding First and Second Degree Assault in Colorado
Our Colorado law firm often encounters clients who are confused about the differences between first and second degree assault charges. While these charges are both serious, they differ significantly in terms of intent, severity, and the potential consequences.
If you are charged with either 1st or 2nd degree assault in Colorado, we invite you to reach out to our team. At the Law Offices of Rodemer | Kane, we want to do all we can to help you and make sure your rights are protected. We have the knowledge and experience with criminal cases, as well as working relationships with the judges and district attorneys, that can make all the difference to your case. Contact our Colorado Springs law office online or call 719-635-7886 to book a free case consultation.
What Is Second Degree Assault in Colorado?
Second degree assault is more commonly seen in Colorado than first degree assault, and it’s the charge most people face when involved in violent altercations. This offense can range from situations involving lesser injuries to cases where someone uses a deadly weapon but without the specific intent to cause harm that results.
Here’s how second degree assault can look:
- Strangulation: Even if someone briefly restricts another person’s breathing, it is treated seriously. Under Colorado law, strangulation is considered a high-risk crime due to its potential lethality.
- Serious Bodily Injury (SBI): This could be anything from broken bones to permanent scars or injuries that impair someone’s physical abilities.
- Use of a Deadly Weapon: If a weapon like a knife or gun is used in an assault, but the intention wasn’t to cause severe injury or death, it still qualifies as second degree assault.
- Resisting Arrest: If a person resists an officer and inadvertently causes harm (for example, by pushing an officer and causing them to fall), it can lead to a second degree assault charge.
What Are The Penalties for Second Degree Assault in Colorado
The presumptive sentencing range for second degree assault, which is a class four felony in Colorado is typically 2 to 6 years. However, this can be modified if the assault falls under certain categories, like domestic violence or assaulting an officer, increasing the range to 5 to 16 years.
In cases of domestic violence, strangulation can significantly impact the severity of the charge. Even a brief moment of restricted breathing is enough to elevate the charge from a misdemeanor to a felony. And importantly, the crime of violence statute may apply, increasing the potential penalty to 5 to 16 years in the Department of Corrections
What Is First Degree Assault in Colorado?
First degree assault is a more severe charge, typically involving more intentional and serious harm. The key difference between first and second degree assault is intent—first degree assault involves a conscious decision of a person to cause serious bodily injury to another person.
Examples include:
- Intentional Infliction of Serious Bodily Injury: If you deliberately cause serious harm to someone, it’s classified as first degree assault.
- Use of a Deadly Weapon: If you intend to cause serious harm with a weapon, such as a gun or knife, the charge escalates to first degree assault.
- Extreme Indifference to Human Life: A person may be charged with first degree assault if they demonstrate reckless disregard for human life, such as shooting into a crowd or driving a vehicle into a group of people, this is referred to as “universal malice.”
First degree assault is a mandatory felony with no possibility of probation. Sentences for this crime start at 10 years and can go up to 32 years in prison. On top of that, it is categorized as a crime of violence, meaning the offender must serve at least 85% of their sentence before being eligible for parole.
Key Differences Between First and Second Degree Assault
The main differences between first and second degree assault boil down to intent, and the severity of the injury:
- First degree assault involves intentional harm with either deadly weapons or extreme indifference to life.
- Second degree assault can occur when injuries are serious but not caused with specific intent, or when a deadly weapon is involved but without the intent to harm.
Another important factor is sentencing: first degree assault carries a mandatory prison sentence, while second degree assault may be eligible for probation in most cases.
Real-Life Examples and Defenses in Assault Cases
In our practice, we often see assault cases involving domestic violence, bar fights, and even sports-related incidents. For instance, if an individual is involved in a domestic argument and restrains their partner, even briefly choking them, it can lead to a second degree assault charge due to the nature of strangulation being a high-risk of lethality act.
However, in a bar fight scenario, if both parties are involved and no serious injury occurs, the charge may be a misdemeanor or second degree assault, depending on the severity of the injuries. In many of these cases, a self-defense claim can be made, especially if witnesses or video footage show that one party was provoked.
One memorable case involved a football game where a player was charged with second degree assault after hitting an opponent, causing an orbital fracture. We were able to have the case dismissed based on the context of the game, where the actions were deemed to be part of the sport’s aggressive nature.
Consequences of Assault Charges in Colorado
Whether charged with first or second degree assault, the consequences are significant. If convicted, an assault charge can impact your future in numerous ways, including:
- Criminal Record: A conviction will leave a permanent mark on your criminal record.
- Gun Rights: A felony assault conviction in Colorado will result in the loss of your gun rights under the Brady Bill, and these rights will not be restored.
- Long-Term Sentencing: For first degree assault, you are looking at mandatory prison time with no possibility of probation. On the other hand, second degree assault may offer more opportunities for negotiation or reduced sentencing, including deferred sentences or probation, depending on the case’s specifics.
Defending Against Assault Charges
Defending assault charges requires a detailed understanding of the law and the specifics of the case. A common defense strategy is to challenge the intent of the accused, arguing that the harm was not intentional but resulted from reckless behavior or was an act conducted in the heat of passion, such as if an individual walks in on their spouse cheating on them and punches the individual they were cheating with. Self-defense can also be a strong defense if the accused was acting to protect themselves from harm.
Additionally, in domestic violence cases, if the victim recants or if there is no medical evidence to support the claim of serious injury, it can lead to a case dismissal or reduction of charges. However, it is important to note that just because an accuser changes their mind and tries to recant their statement does not mean an automatic dismissal of the case. It is up to the district attorney to decide whether to continue pursuing conviction, and they often air on the side of continuing with prosecution for the sake of protecting a possible domestic violence victim.
Every assault case is unique, and as a defense attorney, I carefully review each case to identify potential weaknesses in the prosecution’s argument and provide the best possible defense for my clients.
If You Have Been Charged with 1st or 2nd Degree Assault in Colorado Contact Our Criminal Defense Lawyers Today!
First and second degree assault charges in Colorado are serious, but understanding the difference between these offenses can have a significant impact on how a case is handled. Whether you are facing a charge yourself or simply want to learn more about how these laws work, it’s crucial to seek professional legal advice. If you’re dealing with a case that involves assault, whether it’s a bar fight, domestic violence, or even a sports-related incident, make sure you have an experienced attorney by your side to guide you through the legal complexities.
If you or someone you know is facing assault charges, don’t hesitate to reach out to our experienced criminal defense attorneys near you to discuss your case and explore your legal options. At the Law Offices of Rodemer | Kane we want to do all we can to help you get the best outcome for your case. Contact our Colorado Springs law office online or call 719-635-7886 to book a free case consultation.