Colorado Springs Felony Assault Defense Lawyer
Felony Assault
Colorado law prohibits a wide range of behaviors that fall under the heading "assault," which is generally understood to mean an event in which an unwanted touching occurs. Several different types of assault are felonies under Colorado law.
Assault in the first degree, or first-degree assault, occurs when a person does any of the following:
- Use a weapon to threaten or cause serious bodily injury to another person, while intending to injure that person;
- Destroys, amputates, or disfigures any part of another person's body while intending to cause such an injury;
- Causes serious bodily injury to a person while knowingly doing something that poses an extreme risk to human life, and does it with grave indifference to the damage the acts might cause;
- Threatens a judge, court officer, peace officer, or firefighter with a deadly weapon, while intending to cause serious bodily injury to person; and
- Threatens any corrections officer or related worker with a deadly weapon, while intending to cause serious bodily injury to that person while being in the lawful custody of the corrections or juvenile facility at the time.
First-degree assault is a Class 3 felony, unless the accused person was "provoked," as defined by Colorado law. If the court finds that the person was provoked, the first-degree assault may be reduced to a Class 5 felony. Provocation usually involves an action, like being attacked; Colorado law generally does not count "mere words" as a provocation, no matter how vicious the words are.
Second-degree assault includes any of the situations described above when any "bodily injury" less than a "serious bodily injury" occurs. It also covers situations where drugs are used to harm or incapacitate people outside of a legal medical procedure and situations where people who are lawfully in custody use weapons, their own bodies, or bodily fluids to harm corrections and peace officers, firefighters, and similar workers.
Second-degree assault is a Class 4 felony if provocation is not involved, and a Class 6 felony if provocation is involved.
Vehicular assault occurs when one person's reckless or criminally negligent handling of a motor vehicle injures another person. A Colorado drunk driving accident that results in injury may be charged as vehicular assault under state law. Vehicular assault is a Class 4 or Class 5 felony, depending on the facts of the individual case.
Menacing occurs when one person uses threats or other means to put another person in imminent fear of serious bodily harm. Menacing is a Class 5 felony if it is committed with a deadly weapon or with words or actions that make the person believe the accused had a deadly weapon.
Criminal extortion involves the use of threats to make another person do something, when the person doing the threatening has no legal power to make the other person act in that manner. Criminal extortion is a Class 4 or Class 5 felony, depending on the facts of the case.
Felony assault of any kind is a serious charge. If you have been charged with felony assault in Colorado, aggressive Colorado Springs felony defense attorney Timothy Bussey at The Bussey Law Firm, P.C. can help. Mr. Bussey has years of experience building effective defense cases for individuals facing a wide range of felony assault charges. Call 719-475-2555 today for a free consultation.
Colorado Springs felony 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