Assault charges are serious, but when a deadly weapon is involved, the stakes get even higher. If you are charged with assault with a deadly weapon in Colorado, you are facing felony charges that come with intense penalties.

The lawyers of Joyner Law have been helping out clients beat their assault charges for decades. There are different degrees of assault, and we know the moves to make to strategize in your defense when you find yourself on the wrong side of a charge. If you or someone you know is facing a charge of assault with a deadly weapon in Colorado, it’s crucial to understand what that means and what potential consequences and defenses are available. 

In this blog, we’ll break down the legal definition, penalties, and possible defenses to help you better understand the situation.

What Is Assault With A Deadly Weapon In Colorado?

To start, let’s define what it means to commit assault with a deadly weapon in Colorado. Generally, assault refers to the act of intentionally causing bodily harm to another person. When a “deadly weapon” is involved, it could mean any object capable of inflicting serious injury or death, not just traditional weapons like guns or knives. Items such as bats, heavy tools, or even a car can qualify as deadly weapons under Colorado law if used with the intent to harm.

Colorado law classifies assault into various degrees, and the involvement of a deadly weapon usually leads to a charge of first or second-degree assault, both of which are felony offenses that carry significant penalties.

Penalties for Assault With a Deadly Weapon in Colorado

When a person is convicted of assault, penalties depend on several factors, including the degree of assault, the extent of the victim’s injuries, and whether the defendant has a prior criminal history. If you are arrested for assaulting someone with a deadly weapon, your charges will most likely fall under first- or second-degree assault. 

  • First-Degree Assault: This is the most serious level of assault in Colorado. It typically involves intentionally causing serious bodily injury using a deadly weapon. Conviction can lead to penalties including up to 24 years in prison and substantial fines. It’s categorized as a “crime of violence,” which mandates harsher sentencing requirements. 
  • Second-Degree Assault: This offense generally involves causing bodily injury to someone else intentionally and with a deadly weapon. Penalties for second-degree assault include a prison sentence of 5 to 16 years. As with first-degree assault, second-degree assault is also considered a violent crime under Colorado law, meaning mandatory prison time is often involved.

Certain aggravating factors could increase the severity of penalties for assault with a deadly weapon in Colorado, including the use of a firearm, the assault of a protected individual such as a police officer or a firefighter, or if the defendant has other violent crimes on their criminal record. 

The consequences of being convicted of assault with a deadly weapon can extend beyond just time in prison. Individuals may also face difficulties finding employment or housing, and they can also lose custody of their children. In all cases where an individual is convicted of assault, they also lose their right to own a firearm. 

Defenses to Assault With a Deadly Weapon in Colorado

Facing a charge of assault with a deadly weapon in Colorado is intimidating, but there are defenses available depending on the circumstances of your case. Some potential tactical arguments that might be relevant to your charges include: 

Self-Defense or Defense of Others

One of the most common defenses is self-defense. Under Colorado law, a person has the right to protect themselves or others from imminent harm. If you reasonably believed that you were in immediate danger and used a deadly weapon as a means to protect yourself or another person, you could argue self-defense. It is crucial, however, to prove that the force used was proportional to the threat faced.

Lack of Intent

For first and second-degree assault charges, the prosecution must prove that the defendant intended to cause harm. If there is evidence that the injury was accidental, or if the use of the weapon was not intended to harm anyone, this defense might be applicable. This could potentially reduce the charge or result in an acquittal.

Mistaken Identity

Sometimes, mistaken identity can lead to wrongful charges. If there is a lack of evidence proving that you were the individual responsible for the assault, your attorney may be able to argue that you were wrongfully identified, especially in chaotic situations where multiple people were involved.

Defense Against Unlawful Force

If the alleged victim was the initial aggressor, and you used a deadly weapon in response to unlawful force against you, this could be used as a defense. Proving that you acted as a reaction to unlawful force rather than instigating the assault yourself can be key to your defense.

What Should You Do If You’re Facing Assault Charges?

Being arrested and charged with assault can be a frightening experience. It’s important to remember that being charged is not the same as being convicted, and you have the right to defend yourself. Here are a few steps to take if you or someone you know is facing an assault with a deadly weapon charge in Colorado:

  1. Avoid Talking to Law Enforcement Without Legal Counsel: You have the right to remain silent, and it is usually in your best interest to exercise this right until you have spoken with an attorney.
  2. Document Your Side of the Story: Write down everything you remember about the incident, including the names of any witnesses. This can help your attorney build a strong defense.
  3. Reach Out to a Criminal Defense Attorney: The sooner you engage a lawyer, the better your chances of mounting a strong defense.

Joyner Law Can Help You Fight Back Against Assault Charges

At Joyner Law, we understand how overwhelming it can be to face a serious charge like assault with a deadly weapon in Colorado. Our team is dedicated to providing personalized, aggressive defense to protect your rights and your future. If you’re dealing with assault charges, don’t face them alone. Contact us today to schedule a free initial no-obligation consultation, and let us help you navigate this legal fight.