First Degree Assault Charges - Denver, Colorado
Denver, Colorado's Assault in the First Degree (First Degree Assault) is the most serious of all the non-sex assaults in our state. Typically, this crime is charged under C.R.S. 18-3-202 when a person is accused in Denver County, Adams County, Arapahoe County, Jefferson County, Douglas County and other Colorado counties of using force against another and the result involves some type of serious bodily injury. Serious bodily injury typically involves a substantial risk of: death, serious permanent disfigurement, loss or impairment of the function or any part of the body, or breaks or fractures or serious burns.
The elements of this offense which the government must prove in order to obtain a conviction include:
- Intent to cause serious bodily injury and causes serious bodily injury to another by means of a deadly weapon; or
- Intent to disfigure another person and causes such an injury; or
- With extreme indifference engages in conduct which creates a grave risk of death to another and causes serious bodily injury; or
- Intent to cause serious bodily injury to a peace officer, firefighter, jailer or judge, the actor threatens one of these victims knowing how they are employed
Since these charges involve attempts or actual serious bodily injury, the person charged will typically be facing mandatory minimum prison time of eight or ten years. Our office typically sees charges of this type in Douglas County, Colorado, when a firearm is involved, whether shots are fired or not. The use or threat of a knife can also trigger this serious charge. Because this charge is generally a class 3 felony in Colorado, prison is a likely result if a conviction is obtained. When serious bodily injury is involved, most judges and prosecutors will approach this case with an eye toward some type of prison whether authorized by the statute under C.R.S. 18-3-202, or by plea agreement to a lesser charge.
Because of the mandatory sentencing associated with this charge, it is imperative that you involve an attorney as soon as possible with this Colorado charge. In Denver and other Colorado counties, much of the evidence necessary to defendant a person accused of this offense will be lost by the passage of time. It is critical to have our experienced investigator at the scene of the alleged crime to gather evidence. It is equally critical that the accused not make any statements to the police. You will greatly undermine a Colorado lawyer's ability to defend you if you speak with the police in Arapahoe County or any other Colorado county. With early involvement, we have been able to keep our clients out of prison. The general rule is that a strong defense early on will result in dismissal of the charges, a non-prison sentence plea agreement, or an acquittal at trial.
If you or someone you know is involved in any kind of altercation in Adams County or another Colorado county where serious bodily injury might result, you must have an attorney involved immediately. Our attorneys are experienced in working on serious felony matters and we have contacts with investigators who will thoroughly investigate your case. So, be smart, exercise your right to remain silent and call the O'Malley Law Office immediately at 303-731-0719. Together, we can protect your future.
