First Degree Assault is charged in Denver, Golden, and Brighton when a person causes serious bodily injury to another by means of a deadly weapon. We all know that break-ups can be messy, but some would definitely be considered messier than others. After what I can only assume was not a great break-up, a man and his brother showed up to his ex's house to collect an air conditioner after he saw she was trying to sell it on Facebook. A scuffle over the a/c unit ensued and the woman used a stun gun on her estranged husband. After that didn't stop him, she dropped the stun gun and picked up a handgun and shot it at her husband's crotch. The brother responded by choking the woman until she passed out and driving his brother to the hospital for medical attention. The woman was arrested and charged for Assault with a Deadly Weapon.
Jefferson County 1st Degree Assault Lawyer: Definition of Assault in the First Degree in Adams County
The Adams and Jefferson County, Colorado law definition of First Degree Assault, as it applies to this case – C.R.S. 18-3-202(1)(a)(b) – is:
(1) A person commits the crime of assault in the first degree if:
(a) With intent to cause serious bodily injury to another person, he causes serious bodily injury to any person by means of a deadly weapon
(b) 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;”
There are many different subsections of the First Degree Assault statute, but subsections (a) and (b) would apply to the woman's case. A handgun is considered a deadly weapon, and if the injuries the man sustained were deemed as serious bodily injuries by a doctor, then subsection (a) would apply. If the DA feels that they can prove her intent was to permanently disfigure or disable the man's genitals, then part (b) would apply.
Sentence for Assault in the First Degree in Douglas and Arapahoe County
In Arapahoe and Douglas County, First Degree Assault is a class 3 felony, crime of violence. This is unless the act was considered to have occurred in the sudden heat of passion, in which case it would be a class 5 felony.
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If you or someone you love has been charged with First Degree Assault, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880 to schedule a free consultation or set up a jail visit. Together, we can protect your future.Request a Free Consultation
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