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Charged With A Crime? It Doesn’t Mean You’re Guilty.

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  5. Assaults In The First Degree

Experienced Denver Attorneys Defending You From First-Degree Assault Charges

First-degree assault (C.R.S. 18-3-202) is one of the most serious nonsex assault crimes in Denver and throughout Colorado. At Sawyer Legal Group, LLC, our experienced criminal defense attorneys understand the devastating impact these charges can have on your future. We’ve successfully defended clients across Denver, Adams County, and the entire metro area against these severe allegations that can result in lengthy prison sentences and life-altering consequences.

Defining First-Degree Assault Under Colorado Law

There are several elements that must be present for a person to be convicted of first-degree assault in Colorado:

  • With intent to cause serious bodily injury to another person, they cause serious bodily injury to any person by means of a deadly weapon.
  • With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, they cause such an injury to any person.
  • Under circumstances manifesting extreme indifference to the value of human life, they knowingly engage in conduct that creates a grave risk of death to another person and thereby cause serious bodily injury to any person.

In order to be convicted of first-degree assault in Denver, Arapahoe, Douglas or Larimer counties, the prosecution must prove that the act resulted in the serious injury of another person. Moreover, the intent to cause injury, knowingly engaging in conduct that could present a grave danger to another person or acting in extreme indifference to the value of human life must be present in order for a conviction of first-degree assault.

“Serious bodily injury” is usually defined as serious damage to another person, including injury with a strong risk of death, permanent disfigurement, serious burns, fractures, breaks, or the loss or impairment of a function of the body.

Potential Sentences For First-Degree Assault

First-degree assault sentences range from a Class 5 felony to a Class 3 felony. If the crime occurred as a result of a “sudden heat of passion” in retaliation for the provocation of the alleged victim, it is a Class 5 felony. This can result in one to three years in the Colorado Department of Corrections.

Other occurrences of first-degree assault are a Class 3 felony, where a longer prison term can be difficult to avoid. Typically, a conviction will lead to anywhere between four and 12 years in the Colorado Department of Corrections.

Judges and prosecutors in Denver and surrounding counties are often harsh with cases of first-degree assault if the victim of the crime was seriously injured.

How The Use Of Weapons Affects Assault Charges

The attempt to cause serious bodily injury to another person with the use of a deadly weapon often results in a first-degree assault charge. Firearms are considered deadly weapons according to Colorado statute, but they are not limited to a handgun or rifle. It can include:

  • Knife
  • Explosive device
  • Fighting sticks
  • Brass knuckles
  • Your own fists
  • A “weapon” in the area such as a broken beer bottle

If the intent of the attack is to cause serious bodily injury, in most cases, first-degree assault will be charged.

Why Experience Matters In Your Assault Defense Case

If accused of assault in the first degree, the most important things you can do are:

  • Don’t speak with the police
  • Contact an attorney at our office immediately

First-degree assault is a serious offense in Denver and throughout Colorado. A person convicted of this crime could face a prison sentence. Because of this, it is vital that you work with an experienced criminal defense lawyer for your case. The sooner your first-degree assault charges are brought to the attention of one of our experienced lawyers at Sawyer Legal Group, LLC, the better your chances at a positive outcome in your case.

Often, we can reduce the sentence, work out an agreeable plea deal or get the charges dropped completely by interviewing witnesses. We will work to build a strong defense in your case. We know that the prosecution is gathering evidence against you, and we work fast so no evidence is lost.

Answering Commonly Asked Questions About First-Degree Assault

Understanding your charges and options is critical when facing serious assault allegations. Here are answers to common questions we receive from clients facing assault charges in Denver:

Will an assault charge affect my education or employment?

Felony charges can impact your ability to remain enrolled in school, maintain financial aid and secure future employment. Our defense team works not only on your criminal case but can also help navigate university disciplinary proceedings and employment concerns.

Is there any way to get my assault charge reduced to a misdemeanor?

In some cases, yes. Depending on the evidence, your prior record and other factors, we may be able to negotiate a reduction to a lesser charge such as third-degree assault (a misdemeanor). This is why having experienced legal representation is crucial.

What if I was defending myself when the assault occurred?

Self-defense is a legitimate legal defense in Colorado. If you reasonably believed you were in danger and used appropriate force to protect yourself, we can build a defense strategy around these facts. We thoroughly investigate all potential self-defense claims.

What evidence will prosecutors use against me?

Prosecutors typically rely on:

  • Witness statements
  • Medical records documenting injuries
  • Surveillance footage
  • Physical evidence

Our defense attorneys conduct their own investigation to challenge this evidence and identify any errors and inconsistencies.

Get In Touch With One Of Our Dedicated Attorneys

If you or a loved one has been contacted by Denver police regarding first-degree assault charges, exercise your right to remain silent and contact one of our attorneys at Sawyer Legal Group, LLC. Call us at 303-731-0719 or send us your questions through our online form. 

Related links:

  • Learn more about second-degree assault
  • Information about third-degree assault
Facing Charges? Get Help Now!
Facing Charges? Get Help Now!

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