Are Magic Mushrooms Illegal in Colorado?
November 27, 2024
Posted by: Jacob E. Martinez
Category: Assault
Being charged with a violent crime like assault involves high stakes. An assault conviction can hold serious repercussions that can affect all aspects of your life – your freedom, your employment, your relationships, and your reputation.
According to Colorado law, assault is generally defined as knowingly or recklessly causing bodily injury to another person. Under this definition, your assault charge might be confusing. That’s why it’s important to understand what an assault charge means and what punishments you could potentially face if convicted of this crime.
That’s why it’s important to hire an experienced assault attorney when you’re charged with assault or any violent crime. A criminal defense attorney who knows the laws will be able to fight for your rights and try to minimize the consequences.
Depending on the circumstances of the incident and the severity of the outcome, assault can be classified as first, second, or third degree assault in Colorado.
First Degree Assault. First degree assault is considered aggravated assault. It occurs when a person:
If it’s considered a crime of passion, you will be charged with a Class 5 felony. A Class 5 felony is punishable by $1,000 to $100,000 in fines and 1 to 3 years in prison.
If it’s not a crime of passion, you will be charged with a Class 3 felony. A Class 3 felony is punishable by $3,000 to $750,000 in fines and 4 to 12 years in prison.
Since first degree assault is a violent crime, a judge is required to sentence the defendant to at least the middle of the prison term range but not more than two times the maximum of the range.
Second Degree Assault. Second degree assault is also considered aggravated assault. It occurs when a person:
If it’s considered a crime of passion, you will be charged with a Class 6 felony. A Class 6 felony is punishable by $1,000 to $100,000 in fines and 1 to 1.5 years in prison.
If it’s not a crime of passion, you will be charged with a Class 4 felony. A Class 4 felony is punishable by $2,000 to $500,000 in fines and 2 to 6 years in prison.
Since second degree assault is a violent crime, a judge is required to sentence the defendant to at least the middle of the prison term range but not more than two times the maximum of the range.
Third Degree Assault. Third degree assault occurs when a person:
Third degree assault carries a Class 1 misdemeanor charge, which is punishable by $500 to $5,000 in fines and 6 to 18 months in prison.
If the assault is directed at a peace officer or other protected employee, you may face harsher penalties that include two times the minimum fine or prison term.
If you’re going to fight your assault charge – and you should – you will want to hire a knowledgeable criminal defense attorney as soon as possible. An attorney with a proven track record will look at the facts of your case and do everything in his power to reduce the charges to a lower level felony or in certain cases even get the charges dropped or dismissed. He will look into police records, witnesses, evidence, the victim’s injuries, the circumstances of the incident, and if there was alcohol involved. Prosecutors are getting tougher on violent crimes, so it’s crucial to start planning your defense immediately.
About the Author:
Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Mr. Martinez has been designated a Top 100 Trial Lawyer by the National Trial Lawyers and has been awarded both the Avvo Client’s Choice Award and Avvo Top Attorney designation, evidencing his reputation for his exemplary criminal and DUI defense work and high moral standards.
Jury Trial - Not Guilty
Jury Trial - Not Guilty
Arapahoe 1st Degree Assault/Vehicular Assault
Jury Trial - Not Guilty
Denver Domestic Violence Assault Case
Jury Trial - Not Guilty
Denver D.V. Assault
Jury Trial - Not Guilty
Denver Careless Driving Resulting in Death
Jury Trial - Not Guilty
Jefferson County Felony Menacing
Jury Trial - Not Guilty
Adams County DUI
Jury Trial - Not Guilty
Jefferson County DUI
Jury Trial - Not Guilty
Jefferson County DUI
Jury Trial - Not Guilty
Jefferson Vehicular Assault/DUI
Jury Trial - Not Guilty
Jefferson County DUI
Jury Trial - Not Guilty
Boulder County DUI case
Jury Trial - Not Guilty
Arapahoe County DUI case
Jury Trial - Not Guilty
Adams County DUI case
Jury Trial - Not Guilty
Douglas County DUI case
Jury Trial - Not Guilty
Gilpin County DUI case
Dismissed
Broomfield County Probation Revocation case
Dismissal
Arapahoe County DUI case
Deferred Judgment
Arapahoe County DUI case
Deferred Judgment
Douglas County DUI case
Deferred Judgment
Larimer County DUI case
Deferred Judgment
Arapahoe County DUI Case
Deferred Judgment
Denver Felony Burglary Case
Deferred Judgment
Arapahoe County DUI case
Dismissed
Arapahoe County Protection Order Case
Dismissed
Golden Destruction of Property case
Dismissed
Jefferson County Protection Order case
Dismissed
Jefferson County Domestic Violence case
Dismissed and Sealed
Jefferson County DUI case
Dismissed
Denver Major Traffic Offense case
Dismissed and Sealed
Broomfield County Domestic Violence case
Dismissed
Summit County DUI Revocation
Dismissed
Denver DUI Revocation
Dismissed
Denver DUI Revocation
Dismissed
Denver DUI +.2 Involving Accident and Injury case
Dismissed
Denver DUI/Habitual Traffic Offender case
DISMISSAL
Denver District Aggravated Theft
Dismissed
Greenwood Village Assault case
Dismissal
Elbert County DUI
Dismissed
Arapahoe County Domestic Violence case
Dismissal
Jefferson County DUI
Dismissal
Denver Municipal Assault
Dismissed
Boulder County Domestic Violence Assault case
Dismissed
Wheat Ridge Assault case
Dismissed
Jefferson County DUI case, with 2+ Prior Convictions
Dismissed
Arapahoe County Domestic Violence case
Dismissed
Broomfield County Domestic Violence case
Dismissed with No Charges Filed
Jefferson County Felony Theft case
Dismissed
Arapahoe County Felony Theft case
Dismissed
Boulder County Felony Theft case