Assault in the First Degree Definition

Assault in the First Degree, C.R.S. 18-3-202

The Attorney's Definition of Assault in the First Degree in Colorado is:

(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 person; or

(d) Repealed.

(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, and the offender knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider acting in the performance of his or her duties; or

(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, and the offender knows or reasonably should know that the victim is a judge of a court of competent jurisdiction or an officer of said court; or

(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), or to a person employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, he or she threatens with a deadly weapon such a person engaged in the performance of his or her duties and the offender knows or reasonably should know that the victim is such a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203 (3), and who is required to report back to the detention facility at a specified time shall be deemed to be in custody.

(2) (a) If assault in the first degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 5 felony.

(b) If assault in the first degree is committed without the circumstances provided in paragraph (a) of this subsection (2), it is a class 3 felony.

(c) If a defendant is convicted of assault in the first degree pursuant to subsection (1) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.

(d) Repealed.

(3) (a) The court shall order any adult or juvenile who is bound over for trial for an offense described in subsection (1) of this section subsequent to a preliminary hearing or after having waived the right to a preliminary hearing, or any person who is indicted for or is convicted of any such offense, to submit to a medical test for communicable diseases and to supply blood, feces, urine, saliva, or other bodily fluid required for the test if the person's blood, seminal fluid, urine, feces, saliva, mucus, or vomit came into contact with any victim of the assault, peace officer, firefighter, emergency medical care provider, or emergency medical service provider. Within ten days after receipt of the medical test results, the defendant shall report the results to the court or the court's designee, who shall then disclose the results to any victim, peace officer, firefighter, emergency medical care provider, or emergency medical service provider who came into contact with the substance and requests such disclosure. Review and disclosure of medical test results by the court must be closed and confidential, and any transaction records relating thereto are also closed and confidential. If a person subject to a medical test for communicable diseases pursuant to this paragraph (a) voluntarily submits to a medical test for communicable diseases, the fact of such person's voluntary submission is admissible in mitigation of sentence if the person is convicted of the charged offense.

(b) In addition to any other penalty provided by law, the court may order any person who is convicted of the offense described in subsection (1) of this section to meet all or any portion of the financial obligations of medical tests performed on and treatment prescribed for the victim, peace officer, firefighter, emergency medical care provider, or emergency medical service provider.

(c) Any person who receives the results of a medical test pursuant to this section shall not publicly disclose the results.

(d) Repealed.

This is the definition which courts and attorneys use in Denver and Douglas County Colorado, when people are charged with this felony offense.

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