If you are charged with misdemeanor or felony assault, you need to take your legal situation very seriously. Judges are very concerned about violent crime, and will often impose harsher sentences on people convicted of assault versus property crimes. 3rd degree assault is most commonly charged as knowingly or recklessly causing bodily injury to another person. Bodily injury is best summed up as causing pain to another person. There is no legal requirement that the act of assault leaves a mark or causes a bruise. A person convicted of 3rd degree assault can be sentenced to the county jail for up to two years.

The Fort Collins assault attorneys at Schwartz and Waible are often asked if they can ever be sentenced to prison for “a first offense”. The answer is absolutely yes, especially if you are convicted of felony assault. Felony assault is categorized as either 1st degree or 2nd degree assault. Both charges are classified as “crimes of violence” and a conviction triggers a mandatory sentence to prison. 2nd degree assault can be charged in number of ways, but it is most commonly involves causing bodily injury with a deadly weapon. An obvious example of a deadly weapon is a firearm or a knife. However, a deadly weapon is defined on how it is used. If you are accused of kicking someone down a flight of stairs, you can be charged with using your foot as a deadly weapon. If you are convicted of 2nd degree assault, the Judge has no choice but to sentence you to the Colorado Department of Corrections (DOC) from five to sixteen years. The Judge, by law, cannot consider any other sentencing options such as probation or community corrections.

1st degree assault is most commonly charged as causing serious bodily injury to another person with a deadly weapon. “Serious bodily injury” means injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree. An example of 1st degree assault would be swinging a baseball bat at another person, with the intent to seriously injure that person, and breaking their arm. If you are convicted of 1st degree assault, the Judge must sentence you to prison from ten to thirty-two years. The Court cannot impose a community based sentence, as with 2nd degree assault.

If you are charged with felony or misdemeanor assault, it is critical that you hire an experienced Fort Collins assault attorney. Jeff Schwartz and Kirk Waible are both Fort Collins assault attorneys that have successfully defended people charged with all levels of assault. The most common defenses to assault are self-defense and defense of others.

Assault laws are complex and fact specific. Self-defense, defense of another, or defense of property does not apply in every case. It is necessary for an experienced Fort Collins assault attorney to compare all the evidence in your case to the law to make sure these defenses can be utilized. Fort Collins assault attorneys Jeff Schwartz and Kirk Waible have the necessary trial experience in assault cases to give you an honest and thorough appraisal of the applicability of these defenses to your individual situation.

Fort Collins assault attorneys, Schwartz & Waible, also serve the following locations throughout Colorado: Greeley, Loveland, Windsor, and Wellington.

What Our Clients Are Saying

★★★★★
5 5 1
Our family was in need of a lawyer twice in the past 5 years. Both times we called upon Schwartz and Waible Law Firm. They worked very hard and kept us informed every step of the way. Helped understand the ins and the outs of the law. We were very pleased with the out come of both cases. Hopefully won’t need further need, but if we are won’t hesitate to call upon this law firm. So if you are looking for a Law Firm that works as a team, are caring about their clients, and will do the best job possible you may want to call upon Schwartz and Waible. Thank you so much for your help. Sharon and Jim, January, 2011 We welcome this opportunity to extol Kirk Waible, one of the finest lawyers we’ve ever known. Our background is in education—we are retired after long careers of teaching classes from kindergarten through graduate school. During the past year (2010), Kirk represented someone very close to us. In a difficult, often convoluted, case, Kirk cut right through the mazes of the legal system to present his client’s defense so effectively that the outcome was far more successful than we had ever hoped. We found Kirk to be personable, smart, thorough, accessible, and well-versed in the law. Years ago, I (Jim) worked at length for a state legislature and dealt with many, many lawyers on a daily basis. Some of them were brilliant in their profession. But I feel Kirk stands head and shoulders above even the best of them. We would engage him in an instant to represent us in any legal matter.

★★★★★
5 5 1
We welcome this opportunity to extol Kirk Waible, one of the finest lawyers we’ve ever known. Our background is in education—we are retired after long careers of teaching classes from kindergarten through graduate school. During the past year (2010), Kirk represented someone very close to us. In a difficult, often convoluted, case, Kirk cut right through the mazes of the legal system to present his client’s defense so effectively that the outcome was far more successful than we had ever hoped. We found Kirk to be personable, smart, thorough, accessible, and well-versed in the law. Years ago, I (Jim) worked at length for a state legislature and dealt with many, many lawyers on a daily basis. Some of them were brilliant in their profession. But I feel Kirk stands head and shoulders above even the best of them. We would engage him in an instant to represent us in any legal matter.

★★★★★
5 5 1
I retained Jeff Schwartz of Schwartz & Waible after I was charged with a felony. Jeff was caring, professional, detail-oriented, and thorough in how he handled my case. He has a strong knowledge of criminal law and knows the Larimer County court system and its players well. He was able to negotiate the best possible plea deal for me, and I am grateful for his representation. I highly recommend Schwartz & Waible’s services.

Get in Touch!

970-493-0407

info@jskwlaw.com

M-F 9:00AM - 5:00PM

109 N. College Ave. Suite 215 Fort Collins, CO 80524