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Denver First Degree Assault: The Chips and Salsa Are to Blame?

Posted by Terry O'Malley | Jun 08, 2015 | 0 Comments

In a recent news story about an assault case, what was supposed to be a normal dinner for a couple turned into an unusual situation. A woman became so angry that she stabbed her boyfriend in the pelvis with a pen, and caused him to knock into their television. After the television had fallen over, the woman then stabbed the boyfriend in the stomach with a knife. This was all over him eating too much of their salsa. As a result of the incident, the victim faced injuries and was hospitalized. If this happened in Denver, Douglas County or anywhere else in Colorado, the woman could be charged with 1st Degree Assault.

Denver First Degree Assault

The definition of Assault in the First Degree, C.R.S. 18-3-202, in Jefferson and Adams County is:

A person commits the crime of assault in the 1st degree if:

  • With intent to cause serious bodily injury to another person, he causes serious bodily injury to another person with a deadly weapon;
  • With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such an injury to any person, or;
  • He knowingly engages in conduct which creates a risk of death to another person, and causes serious bodily injury to any person.
  • If someone harms a judge, an officer, or a person employed by a detention facility, assault in the 1st degree can still apply.

Facing First Degree Assault charges?

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By stabbing her boyfriend, the woman in this situation would likely face charges of First Degree Assault if a District Attorney believes she acted with the intent to harm her boyfriend with a deadly weapon. She may also face charges of Domestic Violence. You may be wondering about the term “deadly weapon,” since the woman used both a knife and a pen—two very different objects. The definition of a deadly weapon, C.R.S 18-1-901 in Colorado is:

  • A firearm, whether loaded or unloaded, or
  • A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that is used or intended to be used to be capable of producing death or serious bodily injury.

If the man's stab wounds led to the loss or impairment of a function of his body, permanent disfigurement, or a strong risk of death (according to the definition of First Degree Assault), both the knife and the pen could be seen as deadly weapons.  The woman would have had to intend to harm her boyfriend in these ways. The knife and the pen meet the definition of a deadly weapon because they were used by the woman and are capable of producing death or serious bodily injury to the boyfriend.

Arapahoe County 1st Degree Assault Attorney: What First Degree Assault Consequences Could I Face?

According to Colorado law, Assault in the First Degree is a class 5 felony in Arapahoe County and across Colorado if an act causing an injury is done under a heat of passion. A class 5 felony could result in 1-3 years in the Colorado Department of Corrections. Most other cases of Assault in the First Degree are seen as a class 3 felony, which could result in 4-12 years in the Colorado Department of Corrections.

If you've been charged with First Degree Assault, contact an experienced lawyer to fight on your behalf.

Why You Need the Best Denver Criminal Defense Lawyers

1st Degree Assault is a serious crime in Denver and across Colorado, and the consequences can be grave. The best thing that you can do if facing charges of First Degree Assault is to exercise your right to remain silent and get help as soon as possible. Because a person's “intent” behind this crime is strongly evaluated, we are often able to lessen sentences by interviewing witnesses and supporting a lack of intent to commit this crime.

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If you or a loved one is facing First Degree Assault charges, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office at 303-830-0880 for a free consultation. Together, we can protect your future.Request a Free Consultation

Image Credit: Pixabay – Jing

About the Author

Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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Get Help Now

If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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