Aggravated assault is not your average bar fight or heated argument—it’s a serious criminal charge that can flip your life upside down. Whether it’s due to an accusation involving a deadly weapon or severe injury, the consequences can be severe, and Denver courts don’t take these cases lightly. If you or someone close to you is dealing with an aggravated assault charge, understanding what’s at stake is critical.
Assault vs. Aggravated Assault
Definition of Simple Assault
Simple assault occurs when someone causes bodily harm or threatens harm without any aggravating factors. It might be a bar fight that escalates or a heated argument that results in a shove. While it’s still a crime, it generally carries lighter penalties because it doesn’t involve extreme harm, a weapon, or intent to cause serious injury.
Definition of Aggravated Assault
In contrast, aggravated assault is when the situation includes elements like severe injury, the use of a deadly weapon, or intent to cause extreme physical harm. Under Colorado law, aggravated assault is prosecuted under 1st or 2nd-degree assault statutes, depending on the severity of the injuries and the level of intent.
Types of Aggravated Assault Charges
1st-Degree Assault
The most serious form, 1st-degree assault, involves intentionally causing severe injury, often with a weapon. This could include shooting someone, stabbing, or even hitting someone with a vehicle. If convicted, you’re looking at a Class 3 felony, which can mean up to 24 years in prison.
2nd-Degree Assault
Second-degree assault still involves intent but may result in less severe injuries. It could also involve causing harm to a police officer or public servant during the performance of their duties. Although slightly less severe than 1st-degree assault, it still comes with harsh penalties, including potential prison time.
3rd-Degree Assault
Third-degree assault usually involves reckless or negligent behavior rather than intentional harm. However, in some cases, if the assault causes injury to a protected individual (such as a child or elderly person), it could be considered aggravated.
Key Elements of Aggravated Assault in Denver
Serious Bodily Injury
The term “serious bodily injury” is key in determining whether an assault is considered aggravated. Colorado law defines this as harm that results in significant physical damage like broken bones, deep wounds, or permanent disfigurement. If the victim ends up hospitalized with long-term health consequences, the assault may be elevated to aggravated status.
For example, if a punch leads to a broken jaw or a severe concussion, it’s more likely to be classified as aggravated assault. The more serious the injury, the harsher the penalties.
Use of a Deadly Weapon
If a weapon is involved, the charge instantly escalates. But a “deadly weapon” isn’t limited to guns and knives. Even a baseball bat, a vehicle, or a broken bottle can qualify, depending on how it’s used. The mere threat of a weapon during an altercation can also lead to aggravated assault charges. The courts consider weapons as a sign of intent to cause serious harm, leading to tougher sentences.
Intent and Mens Rea
In criminal law, proving intent (also known as mens rea) is critical in assault cases. For aggravated assault, prosecutors must prove that you intended to cause serious injury or acted recklessly with disregard for the outcome. For instance, swinging a bat at someone’s head clearly shows intent to cause serious harm. The prosecution’s ability to prove this intent can significantly influence the outcome of your case, and this is where a skilled defense attorney can challenge the evidence.
Legal Penalties for Aggravated Assault in Denver
If convicted of aggravated assault, expect heavy penalties. For 1st-degree assault, you could face between 10 and 32 years in prison, along with substantial fines. Second-degree assault can lead to 5-16 years behind bars. Even if the assault is classified as third-degree but aggravated, penalties may still include prison time and fines.
Beyond the immediate legal penalties, a conviction for aggravated assault will affect your life long-term. You may find securing employment, housing, and other opportunities difficult. Additionally, firearm rights and other civil liberties may be lost as a result.
Contact Denver Aggravated Assault Lawyer Today
Aggravated assault charges in Denver can lead to life-altering consequences, but with the right defense, you can fight back. Kimberly Diego crafts personalized strategies tailored to your case, focusing on securing the best possible outcome. Whether it’s negotiating reduced charges or challenging the evidence, she’ll be with you every step of the way. Call today at 720-507-1884 or fill out the form online for a confidential consultation and take control of your defense.
