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

Boulder, Colorado Woman Assault With Steak Knife: C.R.S. 18-3-202

| May 19, 2012 | Assault |

Denver First Degree Assault Attorney

A Boulder woman has been accused of first-degree assault, C.R.S. 18-3-202, and second-degree assault, C.R.S. 18-3-203, after allegedly trying to stab her boyfriend with a steak knife in a Domestic Violence argument. In Adams, Douglas, and Jefferson County Colorado, the difference between first and second-degree assault depends on a few different factors including: 1) the level of injury and 2) the mental state of the person who commits the assault. For example, first-degree assault requires the infliction of serious bodily injury by use of a deadly weapon with intent to inflict serious bodily injury, or the infliction of serious bodily injury caused by extreme indifference to the value of human life.

Doulgas County Second Degree Assault Lawyer

Second degree assault requires the infliction of bodily injury by use of a deadly weapon with intent to inflict bodily injury, or the infliction of serious bodily injury caused by recklessness with a deadly weapon. Serious bodily injury generally involves a substantial risk of death, serious permanent disfigurement, loss or impairment of the function of any part of the body, or breaks, fractures, or serious burns.

Domestic Violence Attorney – Arapahoe County

It is unclear whether these charges will be charged as acts of domestic violence (C.R.S. 18-6-801). In Denver, Arapahoe, and Weld County, domestic violence is not a separate crime within itself, but is a sentencing enhancer that can be added to charges for any other crimes if the parties are in an intimate relationship. As this altercation occurred between boyfriend and girlfriend, it is likely that the Boulder District Attorney will view them as acts of domestic violence.

Self Defense Argument in Jefferson County

Additionally, the woman claims that she was protecting herself and that she was afraid her boyfriend was going to kill her. Self defense (C.R.S. 18-1-704) is a powerful affirmative defense against charges such as assault in Colorado. An experienced defense attorney can craft a self defense argument and completely negate any charges you are facing for a violent crime in Colorado.

First and second-degree assault convictions in Larimer, Boulder, and El Paso County have severe punishments, usually carrying lengthy prison sentences. If you have been accused of an assault, especially if you were not the initiator of the fight, you need an advocate who will protect your rights. At the O’Malley Law Office, we have over twenty years of experience defending people against assault and domestic violence charges. So be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.