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Assault in the First Degree, Second Degree and Third Degree – Jefferson County Attorney Explains

| Jul 27, 2016 | Assault |

Assault Lawyer in Denver – 1st Degree, 2nd Degree and 3rd Degree Assault

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Like many crimes, the more dangerous the conduct, the more serious the penalty. Such is the case with the crime of Assault. The least serious is Assault in the Third Degree, with Assault in the First Degree being the worst. Let’s take a look at these crimes individually to make sure you understand their differences. Like any discussion on crimes, never give a statement to police – or you might help them prove a criminal offense against you!

Assault in the 3rd Degree or Third Degree Assault Lawyer – a Misdemeanor Crime

Here is the definition of this misdemeanor crime:

(1) A person commits the crime of assault in the third degree if:

(a) The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or

(b) The person, with intent to infect, injure, harm, harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.

Examples of Assault in the Third Degree or 3rd Degree Assault, include pushing, hitting or slapping another person. Provided the person claims they felt pain, you can be charged with this misdemeanor crime.

Assault in the 2nd Degree or Second Degree Assault Attorney – a Felony Crime

This definition is really long, so I will excerpt out the key terms rather than list them all:

(1) A person commits the crime of assault in the second degree if:

(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or

(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury or serious bodily injury to any person; or

(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or

(e) Other than for legitimate medical purposes, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or

(f) While in jail or prison, he or she violently applies physical force against a police / peace officer, firefighter or emergency medical personnel. A sentence imposed for this shall be served in prison run consecutively with any sentences being served by the offender.

(f.5) (I) While lawfully confined in a detention facility or jail with intent to infect, injure, harm, harass, annoy, threaten, or alarm a person in a detention facility (except an inmate), causes such employee to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including but not limited to throwing, tossing, or expelling such fluid or material. Spitting is included.

(g) With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another; or

(h) With intent to infect or harm another person who is a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, he or she causes such person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including by throwing, tossing, or expelling such fluid or material. Spitting is included.

(2) (a) If assault in the second 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 6 felony. Otherwise, 2nd Degree Assault can be a class 4 or class 3 felony.

Examples of Assault in the 2nd Degree include hitting a police officer during an arrest, spitting on a jailer, or kicking an ambulance worker. Penalties for this crime often involve mandatory prison time. Read about Assault in the Second Degree on a Police or Peace Officer.

Assault in the 1st Degree or First Degree Assault Lawyer – a Felony Crime in Denver

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) With 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

(e) With intent to cause serious bodily injury upon a person known to be a peace officer, firefighter, judge or emergency medical service provider, he or she threatens with a deadly weapon a peace officer, firefighter, judge or emergency medical service provider engaged in the performance of his or her duties; or

(f) While in custody for 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, he or she threatens them with a deadly weapon.

With a heat of passion circumstances, this crime is a class 5 felony. Otherwise, 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. 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 – which involves a mandatory minimum term of prison.

An example of this crime would be when a person stabs another with a knife. The mere threat of harm to a police officer with a deadly weapon will also qualify, even though the police office was not injured. Assault in the First Degree normally involves prison time.

Felony assaults in Douglas and Arapahoe County can result in mandatory sentences to the Department of Corrections. If contacted by police, exercise your 5th Amendment Right to Remain silent. Next, call our lawyers 24/7 at 303-731-0719. Together, we can protect your future.

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