In cases of Assault, C.R.S. 18-3-202+, there are a number of partial and full defenses that the defendant can raise at the Weld County Courts. One of these defenses is “heat of passion,” a partial defense that substantially lowers the felony classification of an Assault offense. This defense may be employed when the defendant has been charged with Assault in the Second Degree or Assault in the First Degree. When the heat of passion defense is successfully raised, it does not acquit a defendant of their charges, but it lowers them significantly. If you have been charged with Assault, don’t wait to contact a top criminal defense lawyer to evaluate your case and determine whether “heat of passion” can be raised.
1. What is the “Heat of Passion” Defense in Greeley?
In Greeley, “heat of passion” is a partial defense that is raised when a person is so provoked to emotion that they engage in an act of Assault. In Colorado’s law on Assault in the Second Degree, C.R.S. 18-3-203 (2)(a), this is defined as:
The most common example of “heat of passion” is when one man walks into his house, only to discover his wife with another man, and the husband beats the other man out of rage.
2. When can a Heat of Passion Defense Be Raised in an Assault Case at the Weld County Courts?
For a defendant to successfully raise the “heat of passion” defense in an Assault case at the Weld County Courts, they must demonstrate that:
- There was a “serious and highly provoking act,” like the man in the above example who beat the other for engaging in the affair with his wife.
- The defendant was a “reasonable person” who felt an “irresistible passion.” This is crucial, because this defense does not work if the defendant is unreasonable and far more easily provoked to anger than the “normal” person.
- There was no interval between the provoking act and the injury.
In the context of Assault charges, heat of passion can only be raised as a defense in First Degree Assault and Second Degree Assault cases.
3. Is Heat of Passion a Full Defense in a Colorado Assault Case?
Heat of passion is a partial defense in Colorado Assault cases. What this means is that if the heat of passion defense is raised successfully, the defendant will still be found guilty, but their charges will be substantially lower. Assault in the Second Degree is usually a class 4 or class 3 felony, depending on the circumstances. However, if the defendant successfully raises the heat of passion defense, they will instead be convicted of a class 6 felony.
4. Contact a Top Greeley Assault Lawyer Today
If you have been charged with Assault in the First Degree or 2nd Degree Assault, don’t wait to contact a top Greeley Assault lawyer today. The success of raising any defense hinges primarily on the attorney you choose to represent you at the Weld County Courts. Give us a call today to discuss your case, and to retain the representation you need to protect your future.
Have you been charged with Assault? Be smart, and exercise your right to stay silent. Then call 970-616-6009 to discuss your case with a top Greeley Assault lawyer from the O’Malley Law Office 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!
Photo by Ron Lach