Colorado Springs Criminal Defense Blog
When Does “Bodily Injury” Become “Serious Bodily Injury”?
In Colorado, there is a substantial difference between the terms “bodily injury” and “serious bodily injury.” Bodily injury refers to minor injuries, such as cuts and bruises. Serious bodily injury refers to injuries that are so severe they pose a risk of death. If you are facing violent crime charges, understanding the differences between these terms is crucial, given that one could lead to more severe penalties than the other.
What Do Police Consider a “Deadly Weapon”?
Colorado defines a deadly weapon as any object, instrument, or device capable of causing death or serious bodily injury. This broad category includes firearms, knives, bludgeons, explosive devices, and even everyday devices when used with intent to cause harm. For example, if someone uses a rock to smash someone else’s skull intentionally, that rock would be considered a deadly weapon under the law. Determination of a deadly weapon is based on the potential for harm rather than on the specific characteristics of the object itself.
Colorado’s CRS 18-3-203 and Second-Degree Assault
The crime of second-degree assault is defined in the Colorado Revised Statutes in Section 18-3-203. This is a serious criminal offense that involves intentionally or recklessly causing bodily injury to another person with a deadly weapon. It is a class 4 felony that carries a prison sentence of five to 16 years.
Colorado Tightens Gun Laws
The “Red Flag” Law
In 2019, Colorado created a “red flag” law. This law allowed a family member or a law enforcement officer to petition a judge to order the temporary seizure of firearms from people found to be a significant risk to themselves or others. This past session, the Governor signed Senate Bill 170 into law. This law expands who can petition the court for firearm removal to include, in addition to family and law enforcement, health care providers, district attorneys, and teachers.
Conspiracy to Commit a Crime Explained
Being charged with conspiracy to commit a crime can result in significant penalties, including fines and prison time. Even if a person’s role in the crime is small, they can suffer serious consequences.
Understanding the Classes of Felony Theft Crimes
Theft is any crime which permanently deprives the owner of a thing of value. Theft is charged when the defendant is alleged to have taken, used, assumed control of, or abandoned this thing or demanded money or any other kind of compensation for returning it to its owner. The thing of value can include property, identity, or services rendered.
Common Defenses for Colorado Theft Crimes
The laws governing theft in Colorado are complicated and cover a wide variety of crimes. Theft includes:
- Taking, using, exercising control over, or abandoning property in such a way that it deprives the owner of its use.
- Demanding payment or any other kind of compensation for returning something to its owner.
All About Resisting Arrest and Related Charges
Under Colorado Revised Statute 18-8-103 CRS, a person can be charged with Resisting Arrest if they knowingly prevent or attempt to prevent a peace officer from effecting an arrest of the actor or another person by:
Colorado DUI Blood Testing
In Colorado, if you are suspected of driving under the influence of alcohol or drugs, you are required to be given an Express Consent Advisement. CRS 42-4-1301.1 states that a person suspected of driving under the influence shall be required to “take and complete, and to cooperate” in the taking of a test of the person’s breath or blood to determine their alcohol content. While a person can refuse a chemical test, a refusal comes with serious consequences. Most people choose a chemical test of their blood. This article will focus on what constitutes a valid blood test.
Explaining “Self-Defense” Legal Defenses
“Self-defense” is what is termed an “affirmative defense.” This means that you are admitting that you committed the alleged act, but it was justified because it was in self-defense. As an example, walking down the street with a friend, you are approached by a third person who asks you for money. You walk away, telling them to leave you alone. The third person chases after you and appears to have a weapon.