First Degree Assault Jail Time - A first degree assault charge is an extremely serious matter. First-degree assault is the most serious assault charge, carrying heavy fines and lengthy prison terms if convicted. If you have to fight this charge, there are five important things you should know about first degree assault.
What is first degree assault? Colorado defines it as an assault committed when you knowingly and intentionally attempt to cause great bodily harm to another person. It's more than just trying to hurt someone; Assault in the first degree implies that you were trying to seriously hurt or even kill someone. Your actions show that you have no respect for the value of human life.
First Degree Assault Jail Time
In Colorado, first degree assault is considered a "felony of violence." As such, a first degree assault conviction will result in mandatory prison terms. Assault in the first degree is a felony of the 3rd degree. Your prison sentence will be a mandatory minimum of 10 to 32 years in the Colorado Department of Corrections.
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In addition to jail time, you can also receive a substantial fine as part of a first-degree assault conviction. Fines for first degree assault can range from $3,000 to $750,000.
A defense to a first degree assault charge is possible. If the court finds that you acted in a manner not covered by Colorado's first degree assault statute, the charges against you may be reduced.
Colorado state law specifically lists crimes of passion. If you can prove that the assault you committed was in the heat of passion, your charge will be reduced from a Class 3 felony to a Class 5 felony. Although it is still a felony charge, it carries shorter jail time and fewer fines than a Class 3 misdemeanor.
Make no mistake. first degree assault will have a major impact on your life. If you find guilty, you will go to prison. There is no conditional sentence for a violent crime. You may also be subject to fines that can run into the hundreds of thousands. the number is so freaking big that you'll never be able to get it back.
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A first degree assault conviction will remove you from your family and possibly prevent you from getting a job, buying a home, or enjoying life the way you used to. Your family will fall apart, your friends may abandon you, and you will forever be labeled a criminal.
For all of these reasons, you may want to consider hiring an experienced criminal defense attorney to help you.
At Geman Legal, we work with many defendants in the Denver and Boulder areas facing dangerous criminal charges. Our attorneys will listen carefully to your story and help you craft a defense strategy that will work best for your case. We are not afraid to be aggressive with the justice system and protect your freedom.
Call us today at (303) 357-3035 to get started right away, or email us to schedule a consultation. Assault is defined as intentionally or recklessly causing harm to an individual and is charged as common assault, ABH or GBH depending on the severity. This will depend on many factors, such as precipitating factors and level of injury; a typical attack tends to cause minor injury or discomfort while passing, while GBH seriously damages long-term health. The maximum sentence for ABH is three years in prison, while the maximum sentence for GBH can be life imprisonment.
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Assault is a complex area of law. Lawtons barrister Nick Titchener outlines the categories into which the offense may fall. Each assault case is different and the outcome depends on several factors, including:
The police and a team of prosecutors must interpret the details and initially assess the seriousness of the case and what type of attack may have been committed. The level of harm caused is the main difference in the level at which a crime can be charged.
Intentionally or recklessly harming another person is a common definition of assault in the UK. Assaults are commonly referred to as crimes against the person. Harm includes both physical and psychological harm, including causing fear for one's safety.
Different types of assault, such as GBH, ABH, common assault or assault, are each associated with different severity, with different degrees of injury.
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Causing grievous bodily harm to another person is the most serious form of assault. Violation of the GBH can be done in two ways.
GBH, whether in contravention of S.18 or S.20 of the OAPA, is the most serious because in most cases the victim of GBH will be left with serious, sometimes life-changing, injuries. They may also be left with long-term injuries or scars.
If there is violence with a weapon or an equivalent weapon, the act is likely to be treated as grievous bodily harm with intent (section 18).
Weapon equivalents are objects, objects, or body parts that are not weapons in themselves, but can be weapons if used intentionally, such as:
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GBV can be caused by a single punch or kick, but the more sustained, violent or prolonged the incident, the more likely the consequences are intended.
The use of weapons can also change the dynamics of the case. For example, if the accused punched the victim once in the face, resulting in a fractured eye socket, it can be concluded that the serious injury was not intentional. On the other hand, if a fist vacuum was used, the socket fracture is more likely to be considered intentional.
In general, the penalties for GBH are the most severe of all assault charges. As the most serious form of attack, this is reflected in the consequences. Depending on the factors of the case and the degree of harm caused, the starting points for sentencing can range from 3 years to 16 years in prison.
Whether the offense of GBV was committed negligently or intentionally is a primary factor in determining the appropriate range of punishment.
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Along with other factors, such as the degree of harm, the court will consider a range of options and decide whether restorative, non-custodial alternatives are appropriate compared to immediate detention.
If the facts of the case indicate a lesser degree of guilt, such as a single charge, the consequence can be as low as a community order.
If the injuries are caused by an assault but do not cause serious injury, it may be an offense of assault causing bodily harm (ABH). Determining whether or not an injury should be considered serious is often a matter of subjective review. This will usually be at the discretion of prosecutors or the investigating police officer, although legal guidelines and tests provide a basis for this assessment.
Injuries that interfere with the complainant's health or personal comfort may constitute an "actual" injury from assault. Actual harm refers to the significant consequences of the assault, which means that physical and psychological harm must be minimal, but must be proven.
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One such case where significant harm was caused was shown when the accused allegedly cut the complainant's hair, which in particular adversely affected personal comfort and confidence.
If the accused pleads guilty or is found guilty at trial, prosecutors may impose multiple sentences.
ABH cases can be heard in either the Magistrates' Court or the Crown Court as a 'dual' offence. The hearing of the case will depend on its seriousness and the consequences can range from community orders (if the person is low risk) to 3 years imprisonment in the most serious scenarios heard by the Crown Court.
Common assault or battery usually involves the unlawful touching of a person (where that person did not "quietly" consent, that is, if the collision occurred at a concert), but does not require that there be injury.
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According to the letter of the law, common assault or battery occurs where there is more than passing or minor contact. It is not necessary for the police or the prosecutor's office to prove bodily injury. Usually, with some exceptions, the prosecution will choose not to pursue the case in court if there are no victims, as it would not be in the interests of justice to do so.
In general, most minor assaults that cause minor injuries or temporary discomfort or pain will be prosecuted as common assault.
Common assault is the only 'main' charge of assault which is summary only, meaning it can only be tried in the Magistrates' Court, unlike ABH offences, which can be tried in either the Magistrates' Court or the Crown Court.
Where ABH is heard in the Magistrates' Court
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