Assault allegations are taken seriously by the District Attorney's Offices in Weld County and Larimer County. If you have been accused of committing assault in Northern Colorado, then you should seek a criminal defense attorney with over a decade of experience.
Assault in the Third Degree, pursuant to C.R.S. 18-3-204, is a class 1 misdemeanor, which can carry up to 364 days in jail and up to a $1,000.00 fine for anyone charged after March 1, 2022. As you can see from the language below, assult in the third degree has to subsections that are very different.
C.R.S. 18-3-204(1), reads as follows:
(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.
Assault in the Second Degree, pursuant to C.R.S. 18-3-203, is a class 4 felony, with varying ranges of penalties depending on which portion of the statute the prosecutor charges you. In addition to extreme fines, you can face either 2 to 6 years, 2 to 8 years, 4 to 12 years, or 5 to 16 years in prison.
Mandatory sentencing guidelines may also apply to your case depending on the underlying allegations. Second degree assault may include allegations of strangulation, causing the slightest pain to a police officer on duty, or causing serious bodily injury to another person. Do NOT enter a courtroom without legal representation if you have been accused of assault in the second degree.
Contact an experienced attorney with success distinguishing self defense from the crimes of assault. Sean P. Harrell has spent years assisting individuals accused unjustly of assault crimes in Loveland, Fort Collins, Estes Park and Greeley.