Assault is a serious crime that can result in jail time, a criminal record, and an impression that you are a violent person if you are convicted. These consequences can negatively impact your freedom, life, and future, so it’s crucial that you work with an experienced Lakewood assault defense attorney.

As a former prosecutor, Elaine Lukic understands how the other side prepares its case. I can use this inside knowledge to mount a strong defense to your case and protect you from the stiffest consequences.

If you are facing criminal charges for assault, contact the Lakewood criminal defense attorney at The Law Offices of Elaine E. Lukic today to begin your defense.

Why Hire a Lakewood Assault Defense Attorney

A Lakewood assault defense attorney is your legal advocate. An experienced criminal defense lawyer can help by:

Reviewing the nature of the charges against you
Investigating your case for viable defenses
Representing your interests at bond hearings, pre-trial hearings, evidentiary motions, and trial
Devising arguments to have the charges against you dismissed or reduced
Negotiating for a favorable plea bargain

Throughout the legal process, you can ask your lawyer questions about your options and their advice on how you should handle various aspects of your case.

Misdemeanor vs. Felony Assault

Assault can be charged as a felony or misdemeanor. Felonies are typically considered more serious offenses and carry potential penalties of more than one year in jail. Misdemeanors are generally considered less serious offenses and typically carry a maximum one-year of jail sentence.

Simple assault in Colorado is typically charged as a misdemeanor. However, assault can be prosecuted as a felony in more severe cases, such as when the defendant uses a deadly weapon or the alleged victim suffers a significant injury.

First-degree assault is a Class 3 felony. Second-degree assault is a Class 4 felony. Vehicular assault is a Class 5 felony. These offenses are punished as follows:

Class 3 felony – Up to 32 years in jail, a fine of up to $750,000.
Class 4 felony – Up to 16 years in jail, a fine of up to $500,000
Class 5 felony – Up to three years in jail, a fine of up to $100,000.

Third-degree assault is a Class 1 misdemeanor punishable by up to 18 months in jail and a fine up to $1,000. It is punished more harshly than other misdemeanors because it is considered an extraordinary risk crime.

Assault Defined Under Colorado Law

Colorado has three different degrees of criminal assault, each with their definition and potential punishments.

First Degree Assault

First-degree assault (CRS 18-3-202) is the most serious form of assault in the state. It occurs when you:

Cause serious bodily injury to a person by using a deadly weapon when you intended to cause such harm
Cause bodily injury to a person with the intent to seriously and permanently disfigure them or destroy, amputate, or permanently disable a member or organ of their body
Knowingly engage in conduct that creates a grave risk of death to another person and causes serious bodily injury to a person under circumstances showing extreme indifference to the value of human life
Threatens a peace officer, judge, officer of a court, detention facility worker, Department of Human Services youth services worker, firefighter, or EMS worker engaged in their duties with a deadly weapon, knowing the person is engaged in these duties and with the intent to cause serious bodily injury
Apply sufficient pressure to obstruct or restrict breathing or blood circulation to the neck with intent to cause serious bodily injury and cause such injury

Depending on the circumstances, this offense can be charged as a class 3 or 5 felony and subject you to penalties reserved for violent offenders.

Second Degree Assault

Second-degree assault (CRS 18-3-203) occurs when you:

Cause bodily injury to a person by using a deadly weapon when you intended to cause such harm
Cause serious bodily injury to another person with the intent to cause bodily injury to them
Intentionally cause bodily injury to a peace officer, firefighter, emergency medical care provider, or EMS worker from performing their lawful duty with the intent to prevent them from performing their lawful duty
Recklessly cause serious bodily injury to another person by using a deadly weapon
Intentionally cause stupor, unconsciousness, or other impairment or injury to another person by administering a drug, substance, or preparation to another person without their consent
Knowingly engage in conduct that creates a grave risk of death to another person and cause serious bodily injury to a person under circumstances showing an extreme indifference to the value of human life
Knowingly and violently apply physical force against a peace officer, firefighter, emergency medical service provider, Department of Human Services youth services worker, judge, or officer of the court while they are performing their legal duties and while you are lawfully confined in custody and you know their job and that they are performing their legal duties
Cause an employee in a detention facility, firefighter, peace officer, emergency medical care provider, or EMS worker to come into contact with blood, urine, feces, seminal fluid, saliva, vomit, mucus, or any toxic substance with the intent to infect, injure, harm, harass, annoy, threaten, or alarm them while lawfully confined in a detention facility or when they are performing their lawful duties
Apply sufficient pressure to obstruct or restrict breathing or blood circulation to the neck with intent to cause bodily injury and cause such injury

Assault in the second degree can be charged as a class 6 felony, class 4 felony, or class 3 felony, depending on the circumstances. Some situations call for the violent offender sentencing prescribed under CRS 18-1.3-406. Assault involving bodily fluids can often be charged as sexual assault. You would

Third Degree Assault

Third-degree assault (CRS 18-3-204) occurs when you:

Knowingly or recklessly cause bodily injury to another person by using a deadly weapon
Cause bodily injury to another person with criminal negligence by using a deadly weapon
Cause a firefighter, peace officer, emergency medical care provider, or EMS worker to come into contact with blood, urine, feces, seminal fluid, saliva, vomit, mucus, or any toxic substance with the intent to harass, annoy, threaten, or alarm them when they are performing their lawful duties and you know they are working in this capacity

Third-degree assault is a class 1 misdemeanor and extraordinary risk crime. Assault involving a weapon can be classified as a Lakewood weapons charge.

Common Assault Defenses

Several defenses may apply to charges of assault. An experienced Lakewood assault defense attorney can review your case to determine if these or others are viable defenses in your case:

Self-defense – To raise this defense, you must show that you believed the alleged victim was about to use unlawful force against you and you used the amount of force necessary to protect yourself.
Defense of others – It is also a viable defense to use force to protect someone else from an imminent physical attack.
Lack of intent – Assault charges generally require the prosecution to prove that you acted knowingly or recklessly, but if the contact was accidental, the prosecution cannot meet this burden.
False accusations – False accusations of assault can sometimes arise when the defendant and alleged victim know each other and there is bad blood between them. For example, the alleged victim may make a false report of assault to retaliate against them or gain an upper hand in a child custody case.
Heat of passion – While heat of passion is not a complete defense of the crime, it can minimize the potential penalties. To prove that the assault occurred while you were in a heat of passion, you must show the alleged victim provoked you into assaulting them, a reasonable person would have been provoked in the situation, and you did not have time to cool off.

Contact a Lakewood Assault Defense Lawyer

All of these crimes can result in serious consequences. If you are facing an assault charge, call (303) 809-3425 or fill out our contact form to learn more about how The Law Offices of Elaine E. Lukic can help.