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Third Degree Assault defense in Denver, Colorado

Court: Denver County Court & District Court, Denver. Prosecuted by the 2nd Judicial District Attorney's Office. 2nd Judicial District. Nearest Right Law Group office: Denver.

About this charge

Knowingly or recklessly causing bodily injury to another person.

About Denver courts

Court: Denver County Court & District Court, Denver. Prosecuted by the 2nd Judicial District Attorney's Office. 2nd Judicial District. Nearest Right Law Group office: Denver.

What Right Law Group attorneys say

So for strangulation to be actually charged under the Criminal Code, there has to be that underlying assault. But then the act that is done has to be an act. Sometimes people say choking, but it's actually strangling putting your hands around another person or causing something to cut off airflow to another person.
Alexis Austin Litle · What's The Difference Between 3rd Degree Assault And Strangulation?? // Right Law Group #coloradoWatch clip ↗
What's crucially important is that if you find yourself unfortunately charged with a strangulation, you need to have a criminal defense attorney that can dig in and determine whether it is actually rising to that level of strangulation to warrant a felony charge. Or whether this is a third degree assault or even a harassment that was wrongly charged because someone gave a keyword like neck.
Alexis Austin Litle · What's The Difference Between 3rd Degree Assault And Strangulation?? // Right Law Group #coloradoWatch clip ↗
So for strangulation to be actually charged under the Criminal Code, there has to be that underlying assault.
Alexis Austin Litle · What's The Difference Between 3rd Degree Assault And Strangulation?? // Right Law Group #coloradoWatch clip ↗
you need to make sure you have a criminal defense attorney that can parse out what was actually supposed to be charged so that you actually have the justice and the opportunity to fight the charges that you should have been charged with not someone saying well, my neck was involved in some way so automatically, you're facing a felony charge.
Alexis Austin Litle · What's The Difference Between 3rd Degree Assault And Strangulation?? // Right Law Group #coloradoWatch clip ↗

Key legal concepts

Penalties

  • Class 1 Misdemeanorup to 364 days · up to $1,000
  • Class 3 Felony
  • Class 4 Felony2 to 6 years
  • Permanent Criminal Record
  • Fine (up to $1,000)1000
  • Jail or Prison Sentence
  • Jail Sentence (Extraordinary Risk — up to 24 months)24 months
  • Jail Sentence (Standard — up to 18 months)18 months
  • Probation
  • Protection order

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Frequently asked questions

Which court hears Third Degree Assault charges, the county court or the district court?

In Denver, Third Degree Assault charges are handled through the Denver County Court & District Court, part of the 2nd Judicial District. Misdemeanor-level matters are heard on the county-court side and felony-level matters on the district-court side of the same courthouse.

Source · Court and DA info
Who prosecutes Third Degree Assault charges?

Third Degree Assault charges in Denver are prosecuted by the 2nd Judicial District Attorney's Office, the elected District Attorney for the 2nd Judicial District.

Source · Court and DA info
What judicial district covers Third Degree Assault cases?

Denver falls within the 2nd Judicial District, and Third Degree Assault cases there are heard in the Denver County Court & District Court.

Source · Court and DA info
Misdemeanor assault is going to be pretty minor injuries.

Alexis explains: "Misdemeanor assault is going to be pretty minor injuries. So, the the most common charge we see when it comes to assault in the third degree, a class one misdemeanor, is knowingly or recklessly causing bodily injury to another. Bodily injury in Colorado can be anything from a scrape, a cut to somebody just saying, "I felt pain." That would be an example would be if you punch somebody in the face and they get a scratch. That's going to be assault in the third degree."

Answered by Alexis Austin Litle · Watch clip
So for strangulation to be actually charged under the Criminal Code, there has to be that underlying assault.

Alexis explains: "So for strangulation to be actually charged under the Criminal Code, there has to be that underlying assault. But then the act that is done has to be an act. Sometimes people say choking, but it's actually strangling putting your hands around another person or causing something to cut off airflow to another person."

Answered by Alexis Austin Litle · Watch clip
What's crucially important is that if you find yourself unfortunately charged with a strangulation, you need to have a c...

Alexis explains: "What's crucially important is that if you find yourself unfortunately charged with a strangulation, you need to have a criminal defense attorney that can dig in and determine whether it is actually rising to that level of strangulation to warrant a felony charge. Or whether this is a third degree assault or even a harassment that was wrongly charged because someone gave a keyword like neck."

Answered by Alexis Austin Litle · Watch clip
What's the actual max jail time I'm facing here if this goes all the way to trial and I lose?

Right Law Group's guide explains: "The crime is a Class 1 misdemeanor with an extraordinary risk that attracts, at maximum, a sentence of 18 months in jail and/or a maximum fine of $1,000."

Source · View source
you need to make sure you have a criminal defense attorney that can parse out what was actually supposed to be charged s...

Alexis explains: "you need to make sure you have a criminal defense attorney that can parse out what was actually supposed to be charged so that you actually have the justice and the opportunity to fight the charges that you should have been charged with not someone saying well, my neck was involved in some way so automatically, you're facing a felony charge."

Answered by Alexis Austin Litle · Watch clip

Each answer links directly to the source where a Right Law Group attorney addressed this question.

8 answers grounded in Right Law Group sources

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