Assault crimes refers to a variety of different crimes. Some of these are considered Violent Crimes which results in greater punishment and more collateral consequences. As it is, a charge related to a violent crime can be significant and the prosecutor will not go easy on you, which means you must take significant steps to defend yourself immediately.
At Markus Law, our assault crimes defense lawyer in Larimer County handles these types of sensitive cases. We are determined to secure the best result for every client, no matter the circumstances or the odds. Contact us at as soon as possible to schedule a free consultation about your case.
What Constitutes Violent Crimes in Colorado?
Each state classifies violent crimes according to its own statutes. Generally speaking, violent crimes involve the use of force against a victim.
The use of force typically includes the threat of force or an attempt to use force.
Violent crimes are aggravated when the alleged offender uses a weapon or uses force against a certain class or categorization of people (e.g., the elderly, children, or emergency personnel).
Examples of Assault Crimes in Colorado
Sometimes referred to as offenses against the person, violent crimes include conduct ranging from assault to murder.
Examples of violent crimes include:
- Third Assault
- Second Degree Assault
- First Degree Assault
In Colorado, Third Degree Assault is defined as:
(1) A person commits the crime of assault in the third degree if:(a) The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or(b) The person, with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.
Colo. Rev. Stat. § 18-3-204
Third Degree Assault is a Class 1 One Misdemeanor. Prior to March 1, 2022, it was considered an extraordinary risk misdemeanor which means the sentencing range was 6-24 months of possible jail or probation. After the law change in March, Third Degree Assault has a sentencing range of 0-364 days of possible jail or probation. If the victim of the assault is a peace officer, emergency service provider, emergency medical provider, or firefighter engaged in their official duties, the maximum possible jail sentence is doubled.
In Colorado, Second Degree Assault is defined as:
(1) A person commits the crime of assault in the second degree if:
(a) Repealed.
(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or
(c.5) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person; or
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or
(e) For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or
(f) While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or, while lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child, he or she knowingly and violently applies physical force against a person engaged in the performance of his or her duties while employed by or under contract with a detention facility, as defined in section 18-8-203 (3), or while employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender; except that, if the offense is committed against a person employed by the division in the department of human services responsible for youth services, the court may grant probation or a suspended sentence in whole or in part, and the sentence may run concurrently or consecutively with any sentences being served. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203 (3), and who is required to report back to the detention facility at a specified time is deemed to be in custody.
(f.5) (I) While lawfully confined in a detention facility within this state, a person with intent to infect, injure, harm, harass, annoy, threaten, or alarm a person in a detention facility whom the actor knows or reasonably should know to be an employee of a detention facility, causes such employee to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including but not limited to throwing, tossing, or expelling such fluid or material.
(II) Repealed.
(III) (A) As used in this paragraph (f.5), “detention facility” means any building, structure, enclosure, vehicle, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the authority of the state of Colorado or any political subdivision of the state of Colorado.
(B) As used in this paragraph (f.5), “employee of a detention facility” includes employees of the department of corrections, employees of any agency or person operating a detention facility, law enforcement personnel, and any other persons who are present in or in the vicinity of a detention facility and are performing services for a detention facility. “Employee of a detention facility” does not include a person lawfully confined in a detention facility.
(g) With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another; or
(h) With intent to infect, injure, or harm another person whom the actor knows or reasonably should know to be engaged in the performance of his or her duties as a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, he or she causes such person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including by throwing, tossing, or expelling such fluid or material; or
(i) With the intent to cause bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury.
Colo. Rev. Stat. § 18-3-203.
Second Degree Assault is a class four felony absent aggravating or mitigating circumstances. That means you could face 2-6 years in prison. If the crime involved used of a deadly weapon, it can be considered a Crime of Violence and face the aggravated range as discussed below. In that circumstance, the Court is required to sentence you to prison in the midpoint of the presumptive range up to double the maximum (4-8 years). Colo. Rev. Stat. § 18-1.3-406.
In Colorado, First Degree Assault is defined as:
(1) A person commits the crime of assault in the first degree if:(a) With intent to cause serious bodily injury to another person, he causes serious bodily injury to any person by means of a deadly weapon; or(b) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such an injury to any person; or(c) Under circumstances manifesting extreme indifference to the value of human life, he knowingly engages in conduct which creates a grave risk of death to another person, and thereby causes serious bodily injury to any person; or(d) Repealed.(e) With intent to cause serious bodily injury upon the person of a peace officer, firefighter, or emergency medical service provider, he or she threatens with a deadly weapon a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, and the offender knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider acting in the performance of his or her duties; or(e.5) With intent to cause serious bodily injury upon the person of a judge of a court of competent jurisdiction or an officer of said court, he threatens with a deadly weapon a judge of a court of competent jurisdiction or an officer of said court, and the offender knows or reasonably should know that the victim is a judge of a court of competent jurisdiction or an officer of said court; or(f) While lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child and with intent to cause serious bodily injury to a person employed by or under contract with a detention facility, as defined in section 18-8-203(3), or to a person employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, he or she threatens with a deadly weapon such a person engaged in the performance of his or her duties and the offender knows or reasonably should know that the victim is such a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203(3), and who is required to report back to the detention facility at a specified time shall be deemed to be in custody.(g) With the intent to cause serious bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes serious bodily injury.
Colo. Rev. Stat. § 18-3-202
In Colorado, First Degree Assault is a class three felony and presumptive Crime of Violence. The sentencing range you will face is 10-32 years of mandatory prison. This is the most serious assault charge in Colorado. If you are facing a First Degree Assault charge, it is imperative you hire legal counsel asap to protect yourself from over three decades in prison.
What Constitutes Violent Crimes in Colorado?
In Colorado, a Crime of Violence is defined as:
(2) (a) (I) “Crime of violence” means any of the crimes specified in subparagraph (II) of this paragraph (a) committed, conspired to be committed, or attempted to be committed by a person during which, or in the immediate flight therefrom, the person:
(A) Used, or possessed and threatened the use of, a deadly weapon; or
(B) Caused serious bodily injury or death to any other person except another participant.
(II) Subparagraph (I) of this paragraph (a) applies to the following crimes:
(A) Any crime against an at-risk adult or at-risk juvenile;
(B) Murder;
(C) First or second degree assault;
(D) Kidnapping;
(E) A sexual offense pursuant to part 4 of article 3 of this title;
(F) Aggravated robbery;
(G) First degree arson;
(H) First degree burglary;
(I) Escape;
(J) Criminal extortion; or
(K) First or second degree unlawful termination of pregnancy.
(b) (I) “Crime of violence” also means any unlawful sexual offense in which the defendant caused bodily injury to the victim or in which the defendant used threat, intimidation, or force against the victim. For purposes of this subparagraph (I), “unlawful sexual offense” shall have the same meaning as set forth in section 18-3-411 (1), and “bodily injury” shall have the same meaning as set forth in section 18-1-901 (3) (c).
Colo. Rev. Stat. § 18-1.3-406
In Colorado, the D.A. must prove that either a deadly weapon was threatened or used or serious bodily injury was caused. These are incredibly serious crimes that involve significant sentences to the Department of Corrections. These crimes have impacts on your ability to parole presently, on your ability to parole in the future, and have significant collateral consequences. If you are charged with a Crime of Violence, contact Markus Law today to protect yourself and your family from the draconian reach of the State.
Potential Penalties for Convictions of Violent Crimes in Colorado
Most violent crimes are classified as felonies and attract harsh sentences, even for first-time offenders.
The penalties for violent crimes include but are not limited to
- Fines
- Imprisonment
- Parole
Offenders can also be required to pay restitution to the victim. Given the repercussions of violent crimes and the need for general deterrence, a conviction for a violent crime can often result in a lengthy period of imprisonment.
More consequences, however, flow from a conviction aside from the sentence. These are known as collateral consequences and can include:
- Loss of job
- Difficulty finding a job
- Difficulty attaining higher education
- Difficulty obtaining a loan for a car, home, or anything else
- Loss of voting rights (if a felony conviction)
- Loss of the right to own and use a firearm (if a felony conviction)
A skilled criminal defense lawyer in Colorado can help you first defend against violent crime charges. Depending on your circumstances, this could mean dismissal, reduced charges, a plea deal, or an acquittal. If you are convicted, a skilled criminal defense lawyer can also help you manage the collateral consequences of a conviction.
Defenses in Colorado to a Violent Crimes Charge
The defenses available to a defendant will depend on the circumstances of their case. When it comes to defending a violent crime in Colorado, defendants often do not deny their actions but instead argue that there was a legal excuse for them.
Self-defense
Self-defense is one of the most well-known defenses against a charge of a violent crime. It is used when a defendant assaults or kills another person in defense of themselves or someone else. In these situations, the circumstances may legally justify the defendant’s use of force. However, the force used must be reasonable and proportionate.
Lack of intent
Most crimes require the prosecution to establish that the defendant intended to commit the act. In the absence of criminal intent, a defendant may be able to defend against a violent crime allegation. For example, if a defendant was intoxicated or mentally incapacitated at the time of the offense, they could argue they were unable to form the intent needed for criminal responsibility.
Consent
In limited circumstances, the court may find that a victim consented to a violent crime. For example, where a victim willingly participates in a boxing match and is injured. Consent is a complex defense and is highly specific to the circumstances of a case.
Three Reasons Why You Need a Colorado Violent Crimes Defense Attorney
Getting charged with a violent crime can turn your life upside down. Here are three important reasons you need a violent crimes defense attorney.
- Plea Deals. Many alleged violent crimes offenders may be tempted to take the first plea deal, but if you are doing this on your own or with an inexperienced lawyer, that plea deal may actually work against you. You want a plea deal that benefits you. As it is, plea deals are not always your best option. So, you need a lawyer who can negotiate and pursue the best course of action for you.
- Honest Advice. Violent crimes are serious accusations. A conviction can really impact your life. Your reputation, personal relationships, job, and quite possibly your freedom are on the line. You need someone who will be candid and help you make smart moves as opposed to knee-jerk reactions.
- Full Picture. A prosecutor will not give you the whole scoop of what could or will happen, especially if you take a plea deal without representation. Also, the prosecutor will not tell you the extent and quality of the evidence they have against you, and you may not even know to ask. A lawyer gets the information and lays out the whole picture for you, identifying and explaining everything you need to know and how all options could potentially impact your life.
If you face a violent crimes charge in Larimer County, it is ultimately in your best interests to retain a competent criminal defense lawyer. At Markus Law, we are here to get you through this process and on with your life.
Contact a Violent Crimes Defense Lawyer in Larimer County Today
Given their potentially catastrophic consequences, violent crimes attract some of the harshest sentences. If you have been accused of committing a violent crime, you should speak to a defense attorney at Markus Law immediately.
Our experienced attorney will review your case and explain your options, including any legal defenses that may be available to you. They can also help you prepare a strong defense and ensure your rights are protected throughout the legal process. Call or submit an online form today to schedule a free consultation about your case.