Defending Your Rights, Protecting Your Freedom
Assault and Menacing
ASSAULT
Always remember, the prosecution must prove every element “beyond a reasonable doubt” to convict you of a crime. You need the best criminal defense attorney on your side to defend your rights. Call Beck Law.
First-degree Assault
First-degree Assault
The elements of first-degree assault:
- You intentionally used a deadly weapon to seriously injure someone or
- You intentionally caused permanent disfigurement or disabling of organ function.
First-degree assault also includes extremely risky behavior that causes “serious bodily injury,” such as:
- Fractures;
- 2nd- or 3rd-degree burns; or
- A substantial risk of death, permanent disfigurement, or organ function impairment.
Basically, it means you wanted to hurt someone, and you did. This is the most serious assault crime and therefore, carries the most serious penalties.
Second-degree Assault
The elements of second-degree assault is when you either:
- Intentionally cause serious bodily injury without a deadly weapon;
- Recklessly cause serious bodily injury with a weapon;
- Intentionally drug someone without their consent; or
- Intentionally cause non-serious bodily injury (such as pain).
If the victim is an on-duty official, 2nd-degree assault also includes either:
- Intending or threatening to cause serious bodily injury to prevent the official from working; or
- Causing the official to touch bodily fluids or a toxic chemical, and you intend to harm the official. (i.e. you spit at them)
Third-degree Assault
The elements of third-degree assault occurs if either:
- You knowingly or recklessly cause a non-serious bodily injury; or
- You negligently cause a non-serious bodily injury by a deadly weapon.
You do not have to have intent to harm to be convicted of 3rd degree assault.
MENACING (Battery)
Menacing is different from assault, as well.
A person can be convicted of menacing for the following acts:
- By any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury.
This act is classified as a misdemeanor. However, it can be upgraded to a felony if:
- By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
- By the person representing verbally or otherwise that he or she is armed with a deadly weapon.
Remember, this crime is NOT what YOU intended, it is what the alleged VICTIM felt during these acts.
These charges are very serious crimes that hold many unfavorable consequences if convicted. Call the best criminal defense attorneys from our office to defend you to the fullest extent of the law. Do not do this alone.
| Assault Crime | Colorado Penalties |
|---|---|
| 1st degree | Class 3 felony: 10 – 32 years in prison and/or $3,000 – $750,000 |
| 2nd degree | Class 4 felony: 5 – 16 years in prison and/or $2,000 – $500,000 |
| 3rd degree | Class 1 misdemeanor: Up to 18 months in jail and/or $1,000 |
| Menacing (Battery) | Class 1 misdemeanor: Up to 364 days in jail and/or a fine up to $1,000 |
| Menacing | Class 5 felony: 1–3 years in prison and/or a fine $1,000 – $100,000 |
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