Assault Charges
Assault charges are extremely serious because assault is classified as an extraordinary risk crime in Colorado. As such, assault is associated with harsher penalties than other offenses that may be classified at the same misdemeanor or felony offense level. When it comes to how assault charges are filed, prosecutors will take a number of factors into consideration, including:
- The nature and severity of the injury sustained by the alleged victim(s)
- Whether a weapon was allegedly used during the offense in question
- Whether other charges – like domestic violence charges – have also been filed against the accused individual
- Whether there were any mitigating factors in the case, such as provocation or alleged self-defense
- Whether the accused individual has prior assault convictions or prior convictions associated with other violent crimes.
Types of Assault Charges
Some of the specific types of assault charges that may be filed against an individual who has been accused of this offense include:
- First degree assault, which is typically filed when an individual has been accused of intending to cause physical injury to another person and, as a result, has seriously injured someone – whether or not the alleged victim was the initial target of the alleged assault. First degree assault charges are usually filed as Class 3 felony charges unless the alleged offense was committed in the “heat of passion” in which case the charges will likely be a Class 5 felony. While Class 5 felony charges for assault can be punishable by up to four years in prison upon conviction, Class 3 felony charges for assault can be punishable by as much as 32 years in prison upon conviction.
- Second degree assault, which is typically filed when an individual has been accused of intentionally causing physical injury to another person via the use of a deadly weapon. Second degree assault charges are usually filed as Class 4 felony charges unless the alleged offense was committed in the “heat of passion” (in which case the charges will likely be a Class 6 felony). While Class 6 felony charges for assault can be punishable by up to two years in prison upon conviction, Class 4 felony charges for assault can be punishable by as much as 16 years in prison upon conviction.
- Third degree assault, which is typically filed when an individual has been accused of causing physical injury to another person as a result of reckless behavior. Third degree assault is usually a Class 1 misdemeanor charge that can be punishable by up to two years in jail upon conviction.
Sexual Assault Charges
When sexual assault charges are filed against an individual, they are considered to be extraordinary risk crimes and will generally be:
- Class 4 felony charges when the individual has been accused of forcing another person to engage a sexual act against his or her will.
- Class 3 felony charges when the individual has been accused of forcing another person to engage in a sexual act against his or her will through the use of violence or the threat of violence. When sexual assault allegedly involves the accused holding a position of trust in the community and/or having committed a pattern of sexual abuse, Class 3 felony charges may also be filed against the accused individual.
If you or a loved one has been charged with assault or a sexual assault crime, the Griffin Law Firm is ready to immediately start providing you with the strongest possible defense inside and outside the courtroom. With more than 18 years of experience in the Colorado criminal justice system, our Denver assault attorney will work tirelessly to help you obtain the best possible outcome to your case. At the Griffin Law Firm, we are committed to the ideal that the accused are innocent until proven guilty, we offer clients more than 18 years of criminal law experience. Part of this experience is aggressively defending the rights of the accused for the past four years.
Contact Us Today
Let’s discuss your defense. To receive a complete evaluation of your case, along with professional advice regarding your best options for moving forward, contact us by calling 303-280-1070 or by emailing us using the form at the top of this page.
The accused are innocent until proven guilty and we believe everyone deserves to be treated fairly.
Christopher Griffin
It is our goal to ensure that every person charged with a crime is given the experienced and caring representation they deserve.
Christopher Griffin