Grand Junction Assault & Menacing Defense Lawyers
In the state of Colorado, assault and menacing are two distinct but related crimes.
- Assault is defined as knowingly or recklessly causing bodily injury to another person.
- Menacing is defined as knowingly placing another person in fear of imminent bodily injury (serious or otherwise), whether by physical action or a direct threat.
Assault and menacing can each be filed as either a misdemeanor or a felony, based on the facts in the case. This decision is entirely up to the prosecutor, who will review the evidence and make the call.
A felony conviction will lead to time in prison, along with many challenges once you are released – including the ability to get a job, apply for housing, own a firearm, vote, or hold a professional license. Having an experienced Colorado criminal defense lawyer may be the difference between getting the charges dropped or being convicted and spending time behind bars.
There are several degrees of charges related to assault and menacing under the Colorado Revised Statutes. From most to least severe, these are:
- First-degree assault - 18-3-202, C.R.S.
A first-degree assault results in serious bodily injury. A conviction for first-degree assault in Colorado can result in up to 32 years in prison and fines up to $750,000.
- Second-degree assault - 18-3-203, C.R.S.
A second-degree assault results in less severe bodily injury. A conviction for second-degree assault can result in up to 16 years in prison and fines up to $500,000.
- Menacing with a deadly weapon - 18-3-206, C.R.S
Menacing is classified as a felony when it is a threat of serious bodily harm with a deadly weapon, whether you show it to the victim or convince the victim that you have it. A conviction for felony menacing can include up to 3 years in prison and fines up to $100,000.
- Third-degree assault - 18-3-204, C.R.S.
A third-degree assault results in a non-serious bodily injury. A conviction for third-degree assault can include up to 2 years in prison and fines up to $5,000.
- Menacing - 18-3-206, C.R.S.
A charge of menacing occurs when you place an individual in fear of imminent bodily harm. A conviction for menacing can include up to 6 months in prison and a maximum fine of $750.
If you are arrested for assault or menacing, ask for a lawyer at once. You must exercise your constitutional right to remain silent. The criminal justice system is rigged to intimidate you and get statements that can be used against you.
More information is available in our article “What to Expect if You Have Been Arrested In Mesa County,” but what you say and do from your first contact with the police is critical. In many cases, the charges may be reduced or dismissed if the correct actions are taken by your criminal defense lawyer.
There are several common defenses to a charge of assault or menacing, some of which are:
- There was no intent to do harm (accidental)
- The assault was performed in self-defense
- The assault was performed in the defense of others
- The assault resulted in little or no bodily harm
- The assault was done in the heat of passion
Understanding how these factors play into your case is vital, and that is why you have an attorney. Any of these defense strategies could lead to an acquittal or reduction of charges.
At Peters & Nolan, LLC, we know what you are going through. We will assess the facts and plan a defense strategy. Our objective is the full acquittal of all charges for our clients. As experienced trial lawyers, we understand what it takes to craft a persuasive case and present it with confidence.
Call Peters & Nolan, LLC at (970) 243-4357 to schedule a free consultation. We represent clients throughout Grand Junction and the Western Slope.
- Charges: Second degree assault with serious bodily injury
∗ Result: Two year deferred judgement to menacing and NO JAIL
- Charges: Second degree assault, serious bodily injury with a deadly weapon
∗ Result: Plea to menacing, deferred sentence
- Charges: First degree assault, serious bodily injury with a deadly weapon
∗ Result: Plea to menacing, NO PRISON
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∗ Not all criminal cases are the same. These results are from actual cases handled by the attorneys at Peters & Nolan, LLC. This is not a representation, guarantee or promise as to the results or outcome of your particular matter.
Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.