Will I Go to Jail for First Time Assault?

Will I Go to Jail for First Time Assault?

Being charged with assault is a serious criminal offense under Colorado law.  Each case is different and will be subject to a classification system based upon the severity of the assault.  Depending upon this delineation, associated penalties will vary.  While there are helpful defenses, being convicted of assault nearly guarantees you will spend at least some time in jail.  This is especially true for first- and second-degree assaults as they require harsh, mandatory prison sentences.  Continue reading to learn more about the specific penalties for assault in Colorado.

Assault Classifications

When facing an assault charge, depending on the specifics of the crime, you will be subject to a first-, second-, or third-degree assault charge.  A first-degree assault is by far the most consequential, resulting in especially severe penalties if convicted.  A first-degree assault is considered a crime of violence, meaning it requires a mandatory prison sentence.  It is a serious charge as it is a class 3 felony.

If you are charged with first-degree assault, it is likely you purposefully caused serious bodily injury to your victim with a deadly weapon.  Other situations that could result in charges for first-degree assault are the deliberate amputation, disfigurement, or destruction of a victim's body, awareness that you were putting another person at severe risk of serious bodily injury/death by your actions and it indeed resulted in severe injury, or if you used a deadly weapon in a threatening manner with the purpose of inflicting serious bodily injury on a law enforcement officer/firefighter.

Crimes of Violence Explained

Colorado law has specified that specific criminal acts be considered crimes of violence.  The penalties for any offense under this designation require a MANDATORY prison sentence within an enhanced penalty range.

Therefore, you can count on a mandatory prison sentence of 10-32 years should you be convicted of first-degree assault.  Not to mention, other unpleasant penalties like a fine of up to $750,000.

More About Assault

Second-degree assaults are also considered crimes of violence, meaning they carry with them a mandatory prison sentence ranging between 5-16 years.  Even though they are not as monumental as a class one assault, they are still extremely serious being a class 4 felony.  Additional penalties include as much as $500,000 to be paid in fines.

In order to face charges for second-degree assault, you must purposefully use a deadly weapon to cause bodily harm to your victim, cause bodily harm as a result of using a deadly weapon in a reckless manner, be responsible for harming someone due to your efforts to prevent a firefighter/law enforcement officer from conducting business, or deliberately attempting to cause bodily harm to a victim that escalates into a serious bodily injury.

A third-degree assault is considered the least serious of the three classifications; although, a conviction will still most likely result in some jail time.  This offense is tried as a class 1 misdemeanor and a conviction can result in up to 24 months spent in a county jail cell.

It is possible to be charged with third-degree assault if your intentional or reckless actions resulted in bodily injury to a victim.

If you have been charged with assault, it is imperative that you seek legal counsel immediately.  With so many harsh consequences and long-reaching impacts on your personal and professional life, you can't afford to go it alone.  There are many viable defenses that can be helpful.  It all depends on the specifics of your case.  A skilled attorney can review your case and determine what course of action will be most beneficial.