Loveland Assault Attorney
Loveland Assault Attorney Ash McCuiag
While Colorado law is designed to uphold justice, it isn’t always perfect. People can be charged with crimes they are innocent of, such as assault.
In many cases, simply having an assault charge on your record can have devastating consequences. It could lead to job loss, relationship issues, and even other problems.
The McCuaig Law Firm can help anyone who is in need of an experienced criminal defense lawyer in Northern Colorado. We can establish your innocence, keep you out of jail, or negotiate a plea bargain that is beneficial to you.
When you work with us, your future is in good hands.
Colorado Assault Laws
In the state of Colorado, assault is classified as inflicting bodily harm on another party. There are three degrees of assault. First-degree charges are the most severe, while third-degree charges are the least severe.
Penalties vary based on the level of the offense. Third degree charges are classified as simple assault. However, first and second degree offenses are aggravated assault. A third degree charge would be classified as a misdemeanor, but a first or second degree charge would be a felony.
Penalties are designed to match the severity of the crime. Someone convicted of third-degree assault can be sentenced to a maximum of two years jail time. The minimum sentence for first-degree assault is 10 years.
First Degree Assault
First degree assault is a violent felony, and if convicted, you may receive an enhanced sentence. As mentioned above, the minimum sentence for this felony is 10 years. However, a sentence can be as long as 32 years. If it is a crime of passion, it may be classified as a class 5 felony.
Second Degree Assault
When there are no extenuating factors that increase the severity of a crime, second degree assault is classified as a class 4 felony. Under the right circumstances, however, it could be a class 6 felony.
These circumstances are: the assault victim engages in extremely provocative behavior, the injury occurs immediately after a provocation, the victim is injured in a crime of passion, or if the injury is severe enough that the attacker should have come to their senses.
A second degree assault can lead to a jail sentence between 5 and 16 years.
Third Degree Assault
Third degree assault is the most common of these charges. It’s also the least severe. One of the reasons third-degree assault charges are so frequent is that they can be applied for mild to moderate fights.
In many cases, domestic violence cases also fall under this category. Although it is a class 1 misdemeanor, it is also a high risk crime. Because of this, a conviction can lead to a jail sentence up to two years.
There are no guidelines for mandatory minimum sentencing unless the case meets certain criteria. For example, there would be a mandatory minimum sentence if the victim was pregnant.
What Can Happen After an Assault Conviction?
The consequences for assault convictions can be serious, frequently leading to at least one of these things:
- Jail time
- Anger management course
- Domestic violence courses
- Community service
- Court costs
- Loss of right to own a firearm in domestic violence of felony cases
- Time in the Department of Corrections for felony cases
What Can a Loveland Assault Attorney Do?
If you work with the right Loveland Assault attorney, you can ensure that your rights are protected throughout this process. Ash McCuaig can effectively help you to deal with your case and will work to minimize the impact that it has on you. If the case escalates to trial, you will want support from an experienced trial lawyer like Ash McCuaig. This can increase your chances of a beneficial resolution.
No two cases are exactly the same, but working with a lawyer offers numerous benefits, like:
- Reduced jail sentence
- Reduced community service
- Pleading down to a lesser charge
- Shorter terms of probation
- A deferred sentence
- Lower fines
- Acquittal during trial
If accused of assault in Loveland or surrounding areas, you will need the help of an experienced criminal defense attorney. Ash McCuaig has the experience and the ability to aggressively defend your rights. He knows the clock is ticking once charged and will be there for you. Give him a call today for a free case review.
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