Defense against first-, second-, and third-degree assault and menacing charges in Colorado.
“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.”
“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.”
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Right Law Group's guide explains: "Facing assault charges in Colorado can be a daunting experience. The legal complexities and potential penalties involved can be overwhelming."
Source · Read guide ↗Alexis explains: "Another example of seconddegree assault would be using a deadly weapon and causing bodily injury to somebody. So if you and Colorado allows for quite a wide range of things to be considered deadly weapons. For instance, a pipe, something that we wouldn't necessarily think as a deadly weapon could be a deadly weapon. Obviously, there's knives, pistols, things along those lines. So if it's using a deadly weapon to in a resulting in a bodily injury, then you you are potentially going to be facing a crime of seconddegree assault."
Answered by Alexis Austin Litle · Watch clip ↗Right Law Group's guide explains: "It is not unusual for people to get into fights at some point in their lives. Those fights may occur as children on a playground, and the repercussions may be little more than a time-out or grounding."
Source · Read guide ↗Right Law Group's guide explains: "In Colorado, various actions fall under the broad category of “assault,” ranging from unwanted physical contact to severe offenses such as first-degree assault, second-degree assault,, and vehicular assault."
Source · Read guide ↗Alexis explains: "Assault in the second degree, there's a variety of different levels in that. For instance, assault can be with intent to cause bodily injury. You cause serious bodily injury. So, take the prior example of punching somebody in the face. You end up breaking a a nose. That's going to be a secondderee assault. That escalates from a class one misdemeanor to a class 4 felony. And uh potential DOC sentence on that is going to be the the max level uh penalty."
Answered by Alexis Austin Litle · Watch clip ↗Alexis explains: "Colorado allows for quite a wide range of things to be considered deadly weapons. For instance, a pipe, something that we wouldn't necessarily think as a deadly weapon could be a deadly weapon."
Answered by Alexis Austin Litle · Watch clip ↗Right Law Group's guide explains: "In addition to fines and jail time, being convicted of a felony can have severe lifelong consequences. Felons can't buy or carry guns and are usually restricted from holding specific jobs, like teaching or working as an attorney or police officer."
Source · View source ↗First Degree Assault cases in Englewood are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.
Source · Court and DA info ↗Menacing cases in Arapahoe County are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.
Source · Court and DA info ↗Second Degree Assault cases in Englewood are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.
Source · Court and DA info ↗Third Degree Assault cases in Aurora are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.
Source · Court and DA info ↗Vehicular Assault cases in Centennial are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.
Source · Court and DA info ↗Right Law Group's guide explains: "However, if you did not commit a physical act of violence, the prosecutor must show that your threats put the victim in reasonable fear that you might hurt them."
Source · View source ↗Right Law Group's guide explains: "Felons can't buy or carry guns and are usually restricted from holding specific jobs, like teaching or working as an attorney or police officer."
Source · View source ↗Right Law Group's guide explains: "This offense can involve verbal threats, physical gestures, or the display of a weapon. If a person threatens someone without using a deadly weapon or implying its presence, the charge is typically a Class 3 misdemeanor."
Source · View source ↗Right Law Group's guide explains: "If you're facing vehicular assault charges, it's crucial to seek legal representation immediately to protect your future."
Source · View source ↗Right Law Group's guide explains: "Many people have made joking or hyperbolic statements about wanting to hurt someone else. Usually, everyone present knows it’s a joke, and the situation ends there."
Source · Read guide ↗Right Law Group's guide explains: "In Colorado, the terms “assault” and “battery” are not interchangeable. In fact, Colorado doesn’t have a specific battery charge."
Source · Read guide ↗Right Law Group's guide explains: "This charge is a Class 4 felony in cases involving DUI and a Class 5 felony for reckless driving without intoxication. The penalties for vehicular assault can be severe, with significant prison time, fines, and mandatory restitution to victims. A conviction can also result in the suspension of your driver's license and a permanent mark on your criminal record, making it essential to work with an experienced defense attorney who understands Colorado's legal system."
Source · View source ↗Right Law Group's guide explains: "Being charged with assault in Littleton can carry serious criminal consequences. Depending on the facts of the case, prosecutors may pursue misdemeanor or felony assault charges under Colorado law."
Source · Read guide ↗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 ↗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 ↗Alexis explains: "That escalates from a class one misdemeanor to a class 4 felony. And uh potential DOC sentence on that is going to be the the max level uh penalty."
Answered by Alexis Austin Litle · Watch clip ↗Right Law Group's guide explains: "If you or a loved one have been accused of assault in Colorado, you need a nuanced understanding of the various charges classified under state law in order to mount the strongest legal defense."
Source · Read guide ↗Each answer links directly to the source where a Right Law Group attorney addressed this question.
24 answers grounded in Right Law Group sources