Colorado Springs Assault Attorneys
Assault
Being charged with an assault crime can be very overwhelming and confusing, especially when considering that assault is defined differently in each state. How a state defines assault determines the penalties it carries. Traditionally, a person commits assault if he or she instills a fear of bodily injury or death in another person through threats and/or intimidation, including brandishing a deadly weapon. With this definition, actual physical contact does not occur in assault. That is the traditional distinction between assault and battery, where one person does inflict bodily injury upon another. In Colorado, there is no "battery" statute in the state's Criminal Code; therefore, the traditional definition of assault does not apply.
Assault in Colorado
What many states consider "assault" is referred to as "menacing" in Colorado, and what others consider "battery," Colorado considers "assault." There are seven recognized assault crimes in the state of Colorado, the first five being the most common: 1) First-degree assault; 2) Second-degree assault; 3) Third-degree assault; 4) Vehicular assault; 5) Menacing; 6) Criminal extortion; and 7) Reckless endangerment. With the exception of reckless endangerment and third-degree assault, all assault crimes are felony offenses.
First Degree Assault
According to Colorado Revised Statute (CRS) 18-3-202, assault in the first degree is committed if a person causes serious bodily injury to any person with a deadly weapon, with the intent to cause such harm. Although the statute identifies other actions which would be constituted first-degree assault, this is the general definition.
Second Degree Assault
As with assault in the first degree, assault in the second degree is committed if a person, with the intent to cause bodily injury to another person, does so with a deadly weapon. The difference between first and second degree assault is the severity of the intended injury.
Third Degree Assault
A person commits assault in the third degree if he or she "[knowingly, recklessly, or through criminal negligence] causes bodily injury to another person by means of a deadly weapon" or otherwise.
Vehicular Assault
A person commits vehicular assault if he or she operates a motor vehicle in a reckless manner or while intoxicated, and thereby causes serious bodily injury to another person. If the driver is under the influence of alcohol or drugs, he or she would also be charged with DUI in Colorado.
Avoiding an Assault Conviction
Even a misdemeanor assault charge can have significantly adverse effects on a person's personal and professional life. Your family and friends may desert you, you may lose your house or apartment, and you may lose your job. Even if you try to get your life back together afterwards, you may have difficulty finding a new job and/or rebuilding personal relationships. The future can become very desperate and lonely. If you have been arrested for assault in Colorado, the experienced Colorado Springs criminal defense lawyer, Timothy R. Bussey of The Bussey Law Firm, P.C., will aggressively defend your legal rights and protect your future. Contact Mr. Bussey today for a free consultation at 719-475-2555.
Colorado Springs DUI lawyer Timothy Bussey at The Bussey Law Firm, P.C. in Colorado represents clients in Colorado Springs and throughout El Paso County, including the cities of Fountain, Manitou Springs, and Monument.
The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
Phone: (719) 475-2555
Fax: (719) 475-0046