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Castle Rock First Degree Assault Lawyer: Parker, Colorado 1st Degree Assault Attorney

First Degree Assault, C.R.S. 18-3-202, is charged in Castle Rock and Parker, Colorado, when a person engages in conduct resulting in serious bodily injury to an alleged victim. Also known as Assault in the First Degree, this crime qualifies as a crime of violence, which carries a mandatory prison sentence in Colorado. Because of the high risks involved with a First Degree Assault charge in Castle Rock and Parker, it is best to work with a criminal defense attorney early on in your case. Working with a Castle Rock First Degree Assault lawyer at the O’Malley Law Office means movement towards reduced or dismissed Assault charges, or a favorable plea bargain deal. Call a Castle Rock First Degree Assault lawyer at the O’Malley Law Office today at 303-265-1950 if you are facing First Degree Assault charges so we can work on your Assault case and prove your innocence.
 

First Degree Assault Parker, Colorado Lawyer: Elements of 1st Degree Assault

In Parker and Castle Rock, Colorado, prosecutors must prove several elements of First Degree Assault to convict a person of 1st Degree Assault.  Some of these elements include the intent of the crime, whether serious bodily injury was present and whether a deadly weapon was involved.

Highlands Ranch First Degree Assault Intent

To obtain a conviction of First Degree Assault in Highlands Ranch, proof of intent is important. Proving intent means proving the defendant knowingly put another person in danger or intended to cause injury, or acted with extreme indifference to the value of human life. People can be charged with 1st Degree Assault based on intent alone when injury occurs to police, firefighters, emergency medical service providers, detention facility employees, youth services employees for delinquent juveniles, or judges.

Parker First Degree Assault Serious Bodily Injury

Prosecutors must also prove that “serious bodily injury” was caused as a result of the assault. The definition of “serious bodily injury” in Parker, Colorado, includes injuries such as fractures, burns of the second or third degree, breaks, an impairment of a function of the body, permanent disfigurement, or injury involving a substantial risk of death.

Deadly Weapon in Castle Rock First Degree Assault Cases

In Castle Rock and Parker, the presence of a “deadly weapon” can result in First Degree Assault charges. If someone has intent to cause serious bodily injury to another person and causes serious bodily injury to another person by using a deadly weapon, they meet the requirements of the First Degree Assault statute. The definition of “deadly weapon” is vague, and can include anything from a firearm, knife, or even someone’s fist.

What Are the Defenses to First Degree Assault in Douglas County and Castle Rock?

Self-defense is a possible defense in First Degree Assault cases in Douglas County and Castle Rock. To utilize the defense of self-defense, a criminal defense lawyer must prove a person believed they were in danger and needed to use force against another person (as long as the force was necessary and reasonable for that purpose). In other cases, perhaps a person faced First Degree Assault charges after defending their home from a burglar / thief. Under these circumstances, Colorado's “Make My Day” law could apply. The Make My Day law states that a person is justified in using physical force (including deadly physical force) when another person made an unlawful entry into their home, and the occupant believed the person committed a crime in the home or they believed the other person would have used physical force against them. Defenses can also arise if someone committed First Degree Assault as a result of using physical force in defense of premises or property (C.R.S. 18-1-705, C.R.S. 18-1-706).

Contact a Castle Rock First Degree Assault lawyer if facing charges of First Degree Assault in Castle Rock, Parker or Highlands Ranch.

What is the Sentence / Penalty for First Degree Assault in Highlands Ranch and Castle Rock?

Class 3 Felony

If 1st Degree Assault is not committed under a "heat of passion", it is charged as a class 3 felony in Castle Rock, Parker, Lone Tree, and Douglas County.

Class 5 Felony

Assault in the First Degree is a class 5 felony if committed under a "heat of passion" in Castle Rock, Lone Tree, Highlands Ranch and Douglas County.

First Degree Assault can be charged as a class 5 felony or class 3 felony. Whether Assault in the First Degree is charged as a class 5 felony or class 3 felony depends on what the circumstances were when the Assault was committed.  If Assault in the First Degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion (provoked by an alleged victim), First Degree Assault is a class 5 felony. If those circumstances are not present, 1st Degree Assault is a class 3 felony.  Committing First Degree Assault under a “heat of passion” means a person was highly provoked by another person. The Heat of Passion defense can be helpful when your criminal defense lawyer is looking for tools to reduce the level of charges you’re facing. Any time an alleged victim experiences serious injury, prosecutors often charge the more serious felony Assault. First Degree Assault is also often charged with Domestic Violence, which increases the possible consequences of a conviction.

Charged with First Degree Assault in Castle Rock? Call Us at 303-265-1950

First Degree Assault charges in Castle Rock, Colorado, should be handled by an experienced, zealous criminal defense lawyer. Don’t entrust your future to an inexperienced public defender or part-time criminal defense attorney. Instead, work with a full-time Castle Rock First Degree Assault lawyer at the O’Malley Law Office.  We have over 40 years of combined courtroom experience. We will work tirelessly to get Assault charges reduced or dismissed. We will visit the crime scene, interview key witnesses and prove your lack of intent to the prosecution and court. Put your trust into a Castle Rock First Degree Assault lawyer at the O'Malley Law Office and protect your freedom.