Felony Assault – Physical Injury
Felony assault is a criminal act that causes physical injury to a person. Assault can be a misdemeanor or a felony, depending on the facts. Like other Colorado criminal offenses, there are varying degrees of felony assault.
First Degree Felony Assault
This is a Class 3 felony punishable by a mandatory prison term of at least 10 years. A defendant may be charged with this crime if he or she:
• Intentionally causes serious physical injury to a person using a lethal weapon
• Intentionally causes serious and permanent disfigurement to a person
• Knowingly takes cold-blooded actions that create a very high risk of death to another person but the result is serious bodily injury
If the defendant was provoked by the other person, the charge becomes a Class 5 felony punishable by a prison sentence of one to three years.
This crime is a Class 4 felony punishable by a mandatory prison sentence of at least five years. The defendant may be charged with this crime if he or she:
• Intentionally causes physical injury to a person using a lethal weapon
• Recklessly causes serious physical injury to a person using a deadly weapon
• Causes bodily injury to anyone while intentionally preventing law enforcement officers or firefighters from doing their job
• Intentionally drugs a person without their consent
Note that the word “serious” does not appear before “physical injury” in the first bullet point. A tiny nick, a temporary pain or any slight physical impairment can be a “physical injury.” In contrast, “serious physical injury” is one that involves a high risk of death or serious and permanent disfigurement.
If the defendant was provoked by the other person, the charge becomes a Class 6 felony punishable by a prison term of one to 18 months.
This is actually a Class 1 Extraordinary Misdemeanor punishable by a possible prison sentence of two years. The defendant may be charged with this crime if he or she:
• Recklessly causes physical injury to a person
• Causes physical injury to a person using a deadly weapon in a criminally negligent manner
• Causes a law enforcement officer, firefighter or paramedic to touch any bodily fluid in order to infect, injure or harass them
Have you been accused of Assault?
If you have been accused of any type of assault, it’s critical you take action immediately. If you or someone you know is facing potential felony charges in Colorado Springs, contact a felony defense lawyer at The Kohn Law Firm anytime at 719-328-9555. Don’t wait. Book your FREE, confidential, no-obligation consultation now.