In Weld County, Assault and Battery (better known in Colorado as Menacing) are two different charges. If you are facing an Assault or Menacing charge you will need an experienced criminal defense attorney. The attorneys at the O’Malley Law Office have over 30 years of experience fighting for the rights of their clients in Menacing and Assault charges.
Below our skilled attorneys will discuss these 5 facts you need to know about Assault and Menacing charges:
#1. Legal Definitions of 1st Degree Assault, 2nd Degree Assault, and 3rd Degree Assault and Menacing in Greeley, Colorado
The legal definition of Menacing (Called Battery in some locations), C.R.S. 18-3-206, in Greeley, Colorado is:
A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury.
There are 3 degrees of Assault in Colorado: 1st Degree Assault, 2nd Degree Assault and 3rd Assault the legal definitions are:
Assault in the First Degree or First Degree Assault, C.R.S. 18-3-202:
(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
Assault in the Second Degree, or Second Degree Assault, C.R.S. 18-3-203:
(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(a) Repealed.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
Assault in the Third Degree or Third Degree Assault, C.R.S. 18-3-204:
(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.
The distinct differences between a Menacing charge, and First Degree Assault, Second Degree Assault, or Third Degree Assault is whether there was actual injury, and whether a deadly weapon was used, if there was serious bodily injury, or if the victim was an on-duty official. These distinctions make the differences of whether a defendant is facing a misdemeanor or felony offense.
#2. Legal Definition in C.R.S 18-1-901 of Deadly Weapon and Serious Bodily Injury as Used in Menacing and Assault Charges in Weld County
The legal definitions of the words Serious Bodily Injury and Deadly Weapon are important if you are charged with Assault or Menacing. The definitions are as follows:
Deadly Weapon, C.R.S. 18-1-901:
(I) A firearm, whether loaded or unloaded; or (II) A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury. (III) and (IV) (Deleted by amendment, L. 2013.)
Serious Bodily Injury, C.R.S. 18-1-901:
Means bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.
#3. What are Examples of Assault and Menacing Charges in Windsor or Eaton, Colorado?
In Windsor or Eaton, examples of behavior that could result in a Menacing charge are:
- Threating to beat up a person if they do not move.
- Pretending to throw a punch or clench a fist.
- Threating to use a gun to shoot someone.
- Waiving a pocket knife at someone.
Examples of Assault in Windsor or Eaton can be:
- Shooting someone in the leg.
- Punching and kicking a person.
- Spitting at the face of an on-duty police officer.
- Trying to hit a Weld County Sheriff when he pulled you over.
#4. Sentence and Penalties for Menacing and Assault in the First Degree, Assault in the Second Degree, and Assault in the Third Degree Convictions in Weld County Courts
A Menacing conviction in Weld County without a deadly weapon, is a class 1 misdemeanor with penalties of up to 364 days in the Weld County Jail, and up to $1,000 in fines. If there was threat of use or the defendant showed a deadly weapon, then Menacing is a class 5 felony with penalties of 1 to 3 years in a Colorado State Prison, and $1,000 to $100,000 in fines.
The sentence for Assault in the Third Degree is a class 1 misdemeanor with penalties of up to 364 days of jail time, and up to $1,000 in fines.
Assault in the Second Degree is a class 4 felony with penalties of 2 to 6 years in the Colorado Department of Corrections (5 to 16 years if a deadly weapon or serious injury was involved), and $2,000 to $500,000 in fines. Please note that the involvement of a deadly weapon transforms Second Degree Assault into a Crime of Violence. Crimes of Violence are sentenced under C.R.S. 18-1.3-406, which provides for a mandatory minimum prison sentence of the midpoint in the Extraordinary Risk Crime sentence range, up to a maximum of two times the maximum of this presumptive range. See our defense attorneys for more on this complex sentence enhancement.
First Degree Assault is a class 3 felony if it is also a Crime of Violence, with penalties of 10 to 32 years in prison, and $3,000 to $750,000 in fines. If it is not a Crime of Violence, then the possible penalties are 4 to 12 years in prison, and fines of $3,000 to $750,000.
#5. Why Hire an Experienced Criminal Defense Attorney and Defenses to Assault and Menacing Charges in Greeley, Colorado?
In Greeley, Colorado, Assault and Menacing charges can have a defendant facing a minimum of nearly a year in the Weld County Jail, and a criminal record that could affect every aspect of their lives. If you have been charged with Assault or Menacing, then do not leave your future up to chance, Have an attorney who will fight for you your rights and future. Every case is different, and while we will need to learn the details of your case, some common defenses to Assault and Menacing charges are:
- Self Defense, you were trying to protect yourself against the victim.
- You were falsely accused of the act.
- There was no proof of intentional or knowingly conduct.
- Yours is not a Crime of Violence.