Facing an Assault charge in Weld County? It is important that you understand the charges you face and whether the charge is First Degree Assault, Second Degree Assault or Third Degree Assault. From felony to misdemeanor, a skilled criminal defense attorney can explain the court process and your criminal charges. Being prepared is part of the battle.
During the recent cold weather in Greeley, a man was arrested after allegedly stabbing a police officer and attempting to stab another one after they came to talk to him at a shelter. The police were called due to the man allegedly arguing with an employee, then exposing himself and hitting another person at the shelter. Below, our criminal defense lawyers from the O’Malley Law Office will discuss the difference between 2nd Degree Assault and Assault in the 3rd Degree and why it is important to have an experienced attorney at your side.
Legal Definition of 2nd Degree Assault, C.R.S. 18-3-203(1)(b) or (g), and Assault in the 3rd Degree , C.R.S. 18-3-204, in Colorado
In Colorado, 2nd Degree Assault, C.R.S. 18-3-203(1)(b) or (g), is defined as:
(1) A person commits the crime of assault in the second degree if:
(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;
(g) With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another
Whereas the definition of 3rd Degree Assault, C.R.S. 18-3-204, is:
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.
In both instances of Assault, a person is hurt. However, the type of intent when fighting makes the difference. With 2nd Degree Assault, it is alleged that the defendant intended to cause bodily injury, and then caused injury with a deadly weapon or serious bodily injury without a deadly weapon. Overall, the intent to hurt a person severely is present, like when stabbing the officer in the above story. Assault in the 3rd degree is charged when the injury was not meant to be serious and the injuries were not caused on purpose. In the story above, this could occur when the defendant was wrestling and fighting with police when they were trying to arrest him.
What is “Bodily Injury” and “Serious Bodily Injury” in an Assault Charge in Greeley, Colorado?
Understanding the definitions of the terms of “bodily injury” and “serious bodily injury” in a Greeley Assault charge is helpful. “Bodily injury” is considered any physical pain, illness, or any impairment of a physical or mental condition. Serious bodily injury involves substantial risk of death. It involves serious injury or permanent disfigurement and can involve the impairment of a body part or an internal organ. “Serious bodily injury” can occur either at the time of the actual injury or later, and 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, breaks, fractures, or burns of the second or third degree.
Sentence and Punishment of Assault in the Second Degree and Assault in the Third Degree in Weld County
Assault in the 3rd Degree is sentenced as a class 1 misdemeanor in Weld County, with penalties of up to 12 months in the Weld County Jail, and fines of up to $1,000. Assault in the Second Degree is a class 4 felony with penalties of 5-16 years in a Colorado State Prison, $2,000 – $500,000 in fines. It is important to know that Assault in the Second Degree is Crime of Violence. This is harsher than other class 4 felonies.
Related Criminal Charges to 2nd Degree Assault and 3rd Degree Assault in Erie and Windsor, Colorado
In Erie and Windsor, it is common that other criminal charges are filed with Assault charges. Common charges are:
- Harassment – C.R.S. 18-9-111
- Menacing – C.R.S. 18-3-206
- Domestic Violence – C.R.S. 18-6-801
The attorneys at the O’Malley Law Office have over 30 years of experience in Assault cases and can help you navigate the Weld County Courthouse Courtrooms. Our attorneys will learn the details of your case and work to get you the best outcome in your case.