C.R.S. 18-3-202 Assault

False Justice In Adams County, Colorado

18-3-202. Assault in the first degree.

(1) A person commits the crime of assault in the first degree if:

(a) With intent to cause serious bodily injury to another person, he causes serious

bodily injury to any person by means of a deadly weapon; or

(b) With intent to disfigure another person seriously and permanently, or to

destroy, amputate, or disable permanently a member or organ of his body, he

causes such an injury to any person; or

life, he knowingly engages in conduct which creates a grave risk of death to

another person, and thereby causes serious bodily injury to any person; or

(d) Repealed.

(e) With intent to cause serious bodily injury upon the person of a peace officer or

firefighter, he or she threatens with a deadly weapon a peace officer or firefighter

engaged in the performance of his or her duties, and the offender knows or

reasonably should know that the victim is a peace officer or firefighter acting in

the performance of his or her duties; or

(e.5) With intent to cause serious bodily injury upon the person of a judge of

a court of competent jurisdiction or an officer of said court, he threatens

with a deadly weapon a judge of a court of competent jurisdiction or an

officer of said court, and the offender knows or reasonably should know that

the victim is a judge of a court of competent jurisdiction or an officer of said

court; or

(f) While lawfully confined or in custody as a result of being charged with or

convicted of a crime or as a result of being charged as a delinquent child or

adjudicated as a delinquent child and with intent to cause serious bodily injury to

a person employed by or under contract with a detention facility, as defined in

section 18-8-203 (3), or to a person employed by the division in the department

of human services responsible for youth services and who is a youth services

counselor or is in the youth services worker classification series, he or she

threatens with a deadly weapon such a person engaged in the performance of his

or her duties and the offender knows or reasonably should know that the victim

is such a person engaged in the performance of his or her duties while employed

by or under contract with a detention facility or while employed by the division in

the department of human services responsible for youth services. A sentence

imposed pursuant to this paragraph (f) shall be served in the department of

corrections and shall run consecutively with any sentences being served by the

offender. A person who participates in a work release program, a furlough, or

any other similar authorized supervised or unsupervised absence from a

detention facility, as defined in section 18-8-203 (3), and who is required to

report back to the detention facility at a specified time shall be deemed to be in

custody.

(2) (a) If assault in the first degree is committed under circumstances where the act

causing the injury is performed upon a sudden heat of passion, caused by a serious

and highly provoking act of the intended victim, affecting the person causing the

injury sufficiently to excite an irresistible passion in a reasonable person, and without

an interval between the provocation and the injury sufficient for the voice of reason

and humanity to be heard, it is a class 5 felony.

(b) If assault in the first degree is committed without the circumstances provided

in paragraph (a) of this subsection (2), it is a class 3 felony.

(1) of this section, the court shall sentence the defendant in accordance with the

provisions of section 18-1.3-406.

(d) Repealed.

Prosecution: Colorado Revised Statutes