Denver Sex crimes Attorney, Christopher T. Braddock

A Denver Assault Attorney On What 'Assault' Means, Part 2

In Part 1, we introduced Denver assault attorney Christopher T. Braddock, who gave us everything we needed to understand what we're about to see below. So, on with the details:

Assault in the First Degree is a Class 3 Felony, and Assault in the First Degree in the Heat of Passion is a Class 5 felony. Either one is used in a situation where the actor:

Intends to and causes serious bodily injury to any person by means of a deadly weapon,
Intends to and causes serious and permanent disfigurement to any person,
Intends to and causes amputation, disablement, or destruction of any organ or part of any person's body,
Knowingly engages in conduct that creates a grave risk of death to another person, manifesting extreme indifference to the value of human life, and thereby causes serious bodily injury to any person, or
Intends to and threatens to cause serious bodily harm to a policeman, firefighter, judge, or prison worker by means of a deadly weapon.

Yes, that's right -- you don't even have to attack a judge or a policeman. Even if you 'just' threaten a cop with a kitchen knife, you've just committed Assault in the First Degree.

Assault in the Second Degree is a Class 4 Felony -- Class 6 if in the Heat of Passion. It is used when the actor:

Intends to and causes bodily injury to any person by means of a deadly weapon,
Recklessly causes serious bodily injury to any person by means of a deadly weapon,
Intends to cause bodily injury and then causes serious bodily injury to any person,
Intends to and then drugs any person without their consent,
Causes bodily injury to any person while attempting to stop a police officer or firefighter from performing their duties, or
Intends to and then applies any physical, violent force to any police officer, firefighter, judge, or prison worker while they are performing their duties.

Assault in the Third Degree is a Class 1 Misdemeanor, but it is also an Extraordinary Risk Crime, meaning it comes with greater penalties than a 'normal' Class 1 Misdemeanor. It is used when the actor:

Knowingly or recklessly causes bodily injury to another person,
Negligently causes bodily injury to another person by means of a deadly weapon, or
Knowingly threatens, annoys, harasses or injures a police officer, firefighter, judge, or prison worker with a dangerous substance.

Menacing, a charge closely related to Assault, is a Class 5 Felony if it involves the display of or implication of the use of a deadly weapon, or a Class 3 Misdemeanor if it does not. To be a Menace, an actor must:

Knowingly place or attempt to place another person in fear of imminent serious bodily injury by means of threat or physical action.

Call 303-675-0100