Colorado Assault or Menacing Attorney

In Colorado, being charged with the crime of assault or menacing can have outcomes that could affect you for the rest of your life. But, what is the difference between assault and menacing?

Assault
In the state of Colorado, there are different degrees of assault, including assault in the third degree, assault in the second degree, and assault in the first degree.

A person can be found guilty of third degree assault for the following acts under CRS 18-3-204:

1. Knowing, reckless, or criminally negligent acts that cause bodily injury to someone else while using a deadly weapon.
2. Knowing acts that are threatening, annoying, harassing, or injuring to a peace officer or protected employee with a specific dangerous substance.

Third degree assault charges are considered a class 1 misdemeanor that carries a penalty of six to 18 months in jail and a fine of between $500 and $5,000. If convicted of assault against a peace officer or protected employee, the penalty could be heavier.

A person can be found guilty of second degree assault for the following acts under CRS 18-3-203:

1. Intentional acts that cause bodily injury to someone else while using a deadly weapon.
2. Intentional acts that cause bodily injury to a peace officer or protected employee who is engaged in performing his or her duties, with the purpose of preventing the duties from being performed.
3. Intentional acts that cause serious bodily injury to someone else.

Second degree assault in Colorado is charged as a Class 4 felony that carries a penalty of two to six years in prison, and a fine of $2,000 to $500,000. If the assault is determined to be a crime of passion, the charge could be more serious, for example a Class 6 felony that carries a heavier penalty. It is also important to note that second degree assault is considered a violent crime, which also affects sentencing.

A person can be found guilty for first degree assault for the following acts under CRS 18-3-202:

1. Intentional acts that cause serious bodily injury, with or without the use of a deadly weapon.
2. Intentional acts that cause serious bodily injury against a peace office or protected employee when he or she is engaged in performing job duties.

First degree assault is considered a violent crime, which affects sentencing. If the act is determined to be a crime of passion, it can be charged as a class 5 felony. A class 5 felony is penalized by one to three years in prison with a fine of $1,000 to $100,000. If the act is not considered a crime of passion, it is classified as a class 3 penalty penalized by four to 12 years in prison and a fine of $3,000 to $750,000.

Menacing

Menacing is different from assault in Colorado. A charge of menacing in Colorado is contingent upon the following:

A person can be convicted of menacing under CRS 18-3-206 for the following acts:

1. By any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury.

Menacing is a class 3 misdemeanor and is punishable by a fine of not less than $50 and not more than $750, imprisonment of up to six months, other than in state correctional facilities, or both.

Menacing is a class 5 felony if:

1. 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
2. By the person representing verbally or otherwise that he or she is armed with a deadly weapon gathering identity information by deception.

A class 5 felony is punishable by one to two years imprisonment plus one year of parole and any additional fines that the Court sees as appropriate.

How Can You Fight It?

If you have been cited for assault, or menacing in the State of Colorado, there are a few ways Weber Law can fight for you. Weber Law will work hard to reduce your charges or have them dropped by potentially using defenses such as no weapon involved, false accusation, self-defense, entrapment, or duress. At Weber Law, we are experienced in defending these charges, winning these cases and getting you back out in the world to live your life free of criminal charges. If you or anyone you know has been cited for assault in the state of Colorado, call Weber Law today for a consultation.

• CRS 18–3–202 – Assault in the First Degree
• CRS 18–3–203 – Assault in the Second Degree
• CRS 18–3–204 – Assault in the Third Degree
• CRS 18-1.3-501- Misdemeanors classified
• CRS 18-3-206- Menacing
• CRS 18-1.3-401- Felonies classified-presumptive penalties