Assault in the First Degree Weld County, Colorado Criminal Defense Lawyer

1st Degree Assault Lawyer in Greeley, Colorado

Assault in the First Degree, C.R.S. 18-3-202, is the most serious Assault charge in Weld County, Colorado, and carries the harshest penalties.  This offense is so grave because unlike Assault in the Second Degree or Third Degree Assault, 1st Degree Assault is usually committed intentionally or knowingly.  Additionally, it almost always involves causing serious bodily injury to another person.  Because of these elements, First Degree Assault is also a crime of violence that carries a mandatory prison sentence to the Colorado Department of Corrections / DOC.

If you have been charged with First Degree Assault, it is critical that you call a top criminal defense attorney who can represent you at the Weld County Court and protect your future.  Only the best defense attorney will be able to successfully defend you and protect your future from high-level felony charges.

Weld County Court Definition of Assault in the First Degree, C.R.S. 18-3-202

1st Degree Assault Types

At the Weld County Court, Assault in the First Degree, C.R.S. 18-3-202 / 1st Degree Assault is defined as follows (with some pieces omitted for brevity):

(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 other person; or

(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…

(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…

(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)… he or she threatens with a deadly weapon such a person engaged in the performance of his or her duties.

(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.

What are the Elements of a First Degree Assault Charge in Greeley?

A First Degree Assault charge in Greeley comprises the following elements:

Intent – Assault in the First Degree is charged when a person acts with intent to cause serious bodily injury, permanently disfigure another, or acts with extreme indifference to the value of human life.

Serious bodily injury – First Degree Assault involves rendering serious bodily injury to the victim.  This can include gunshot or knife wounds, bone breaks or fractures, an injury with a significant likelihood of later resulting in death, etc.  Alternatively, you can be charged with 1st Degree Assault for using a deadly weapon to threaten a Greeley Police Officer, firefighter, EMS provider, Weld County Court judge, or Weld County Jail employee.

Deadly weapon – Assault in the First Degree often involves the use of a deadly weapon.  Deadly weapons usually include knives, bludgeons, and firearms or guns, but they can include anything capable of producing serious bodily injury.

Weld County Penalties for 1st Degree Assault

How Much Colorado Prison Time, Fines, and More?

The penalties for 1st Degree Assault are severe in Weld County – especially because conviction entails a mandatory Colorado prison sentence if the defendant is convicted.  See the table below for penalties for a First Degree Assault conviction:

Circumstances

Classification

Penalties

Assault committed in the heat of passion Class 5 felony / F5 + crime of violence
  • 2.5 – 8 years in the Colorado Department of Corrections / DOC
  • 2 years of parole after completion of the prison sentence
  • Fine of $1,000 – $100,000
  • Required restitution payments to the victim
All other acts of 1st Degree Assault Class 3 felony / F3 + crime of violence
  • 10 – 32 years in the Colorado DOC / Department of Corrections
  • 5 years of parole after completion of the prison sentence
  • Fine of $3,000 – $750,000
  • Required restitution payments to the victim

If you have been charged with Assault in the First Degree, it is essential that you retain the best criminal defense lawyer as soon as possible.  Conviction of 1st Degree Assault will wreck your future and finances, and only an experienced defense attorney can help protect you.

Charged with Assault in the First Degree?

Talk to a Top Greeley Lawyer Today at 970-616-6009

If you have been charged with Assault in the First Degree, it is imperative that you contact a top Greeley criminal defense lawyer right away.  Our attorneys with over 30 years of experience have numerous defenses in their arsenal they can use in your case to ensure the best possible outcome.  By representing you, we can protect your future by negotiating with the District Attorney or taking the case to trial.  You may be able to plead to a lesser offense that does not include a mandatory prison sentence, or the charges against you could even be dismissed completely.

Don’t wait to contact us to discuss your case.  The sooner you call the best Weld County criminal defense attorneys, the better we are able to help you protect your future.

Learn More About Assault in the First Degree in Weld County

Want to learn more about Assault in the First Degree in Weld County?  Check out the following links with information provided by top Greeley criminal defense lawyers:

Have you been charged with Assault in the First Degree?  Always be smart, and exercise your right to stay silent.  The Greeley Police and Weld County Sheriff are helping the DA build a case against you – never discuss your charges with them.  Instead, get in contact with a lawyer with decades of experience at the O’Malley Law Office by calling 970-616-6009 to discuss your case today. Together, we can protect your future.

The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!

Get Help Now!