What is Assault in the Third Degree in Arapahoe County, Colorado?
The dictionary definition of Assault is “to make a physical attack on” someone else. That definition is not good enough for courts in Aurora Municipal court or in the Arapahoe County or Arapahoe District court, for obvious reasons. There are varying degrees of “intent” and the level of harm inflicted which the law must make a distinction between. Also, there are classes of people which the Colorado statutes seek to protect more than others. For instance, an assault inflicted upon a police officer is charged with more severity than an identical assault upon the average unarmed citizen. The Three Types of Assault in Colorado.
There are three types of Assaults in Colorado: First Degree Assault, C.R.S. 18-3-202; Second Degree Assault, C.R.S. 18-3-203; and Third Degree Assault, C.R.S. 18-3-204. Each of these separate crimes have sections that are charged as different classes of crimes ranging from a 3rd Degree Assault class 1 misdemeanor with potential county jail, up to a 1st Degree class 3 felony requiring years of mandatory prison.
Being Charged with Second Degree Assault in Douglas County? How Can This Occur?
It really isn’t that difficult for some people to suddenly find themselves in a position where they are being placed under arrest for 2nd Degree Assault. Some people are more aggressive than others and in some circumstances they have more of a fight than flight response than others. If police show up at the scene where a person is injured, do not expect a whole lot of rational investigation. The person that is usually going to jail is the one that has the least amount of injury. If you have been falsely charged or over charged with Assault in the Second Degree, you should know that it is often in your best interest to fight the charges with a knowledgeable criminal defense attorney.
Is First Degree Assault Sometimes Acceptable in Adams County?
There are many situations when assaulting someone is not only acceptable, but necessary. When a legal exception to a charge is put forth it is called an affirmative defense. The process for using this defense and providing notification to the prosecutor, can be complicated. If you have been charged with Assault in Brighton, Colorado, you should talk with an attorney who will listen to your side of the story and who is able to present your case to the prosecutor or to a jury if necessary.
Charged with Assault in Jefferson County Colorado? Get Help Fast
If you have been charged with Assault in the First, Second or Third Degree in Jefferson County, let us do the fighting for you. We advise you to be courteous and politely decline making any statements to law enforcement officers. You should let them know that you would like to talk with an attorney before making any statement. Then, call the best Criminal Defense Lawyers at the O’Malley Law Office, P.C. Always be smart and exercise your right to remain silent, then call us at 303-731-0719. Together we can protect your future.
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