In Colorado, there are many different types of assault charges ranging from minor disputes between two individuals in bars to serious altercations resulting in broken bones and serious bodily injury. Jayme Moss has been providing representation to clients charged with the full array of assault crimes for over a decade.
Importantly, in Colorado, only Third (3rd) degree assault is classified as a misdemeanor offense. First (1st) and Second (2nd) degree assault charges are both serious felony offenses that can result in lengthy prison sentences. However, even though 3rd degree assault is a misdemeanor - it is labeled as an extraordinary risk crime and therefore carries a maximum sentence of 2 years in county jail.
The State is quick to charge a person with Third degree assault because all that is required is that the alleged victim felt “pain”. There is no clear definition of “pain” and no “degree of pain” required to bring the charges. In other words, a person who flips a hat off of a person’s head and there is an allegation of pain being felt, can now be charged with Third degree assault and forced to defend themselves against such charges in the criminal courts.
Self-defense is often a reasonable defense to assault charges, but this defense is often overlooked. So if you have been charged with assault, it is important to contact an experienced criminal defense attorney right away to ensure that your rights are protected and your best defense is properly investigated and brought forward.