Violent Crimes/Crimes Against Persons
Violent crimes generally involve criminal conduct directed toward another person. These are also commonly referred to as "Crimes Against Persons" as opposed to "Property Crimes".
Assault
Colorado law generally defines three levels of assault, distinguished by the degree of injury caused, the state of mind of the perpetrator, the status of the victim, and whether a weapon was used. A prison sentence is generally mandatory upon conviction for a felony assault.
First-degree assault, the most serious type of assault, is a class 3 felony. Second-degree assault is generally a class 4 felony, but is increased to a class 3 felony if it is committed during the commission of, or flight from, certain felony offenses. Third-degree assault is a class 1 misdemeanor, and is committed when a person either knowingly or recklessly causes bodily injury to another or negligently causes bodily injury to another with a deadly weapon.
Vehicular assault is committed when a person drives recklessly and the driving is the proximate cause of serious bodily injury to another person. A person also commits vehicular assault if the person drives while under the influence of alcohol, drugs or both and is the proximate cause of serious bodily injury to another.
If you or someone you know have been arrested or are under investigation for assault, or any type of violent offense, please contact Mark Langston immediately.
Child Abuse
Child abuse charges fall into several different categories, depending upon the degree of injury to the child and the state of mind of the offender. Colorado law provides that a person commits child abuse if the person 1) causes an injury to a child, 2) permits a child to be unreasonably placed in a situation that poses a threat to the child's life or health, or 3) engages in a continuing pattern of conduct that results in malnourishment, lack of medical care, cruel punishment or an accumulation of injuries that results in the death of serious bodily injury to the child. For the purposes of the child abuse statute, a child is defined as a person under sixteen. Attorney Mark Langston is experienced in the defense of all types of Child Abuse cases.
Harassment and Stalking
Homicide
The most serious offense one can commit is first degree murder. The most common charge of first degree murder requires proof that the defendant, after deliberation and with the intent to cause to the death of another person, caused the death of that other person or another person. First degree murder can be committed in other ways. A person commits first degree murder if the person commits any of several listed serious crimes and during the commission of that crime, or the flight from that crime, the death of a person other than a participant in the crime is caused by anyone. This variation of first degree murder is commonly referred to as felony murder. Additionally, a person commits first degree murder if the person, "with an attitude of universal malice manifesting extreme indifference to human life generally" knowingly engages in conduct that creates a grave risk of death to another and causes the death of another. A person commits first degree murder if the person sells controlled substances to a person under eighteen on school grounds and the controlled substance causes the death of the purchaser. Finally, a person commits first degree murder if the person knowingly causes the death of a child under the age of twelve and the person is in a position of trust with respect to that child. Murder in the first degree is a class 1 felony. The punishment for a class 1 felony is execution or life in prison without the possibility of parole.
Second degree murder is committed when a person knowingly causes the death of another person. Knowingly is a less culpable mental state than the mental state of 'after deliberation' required for first degree murder. Second degree murder charges are appropriate when the prosecution believes that the defendant intentionally caused the death of another person, but did not plan that death beforehand.
Manslaughter is committed if a person recklessly causes the death of another person or intentionally causes or aids another person to commit suicide. Recklessness is a less culpable mental state than intentionally or after deliberation. The defendant did not intend to kill anyone, but his recklessness resulted in a death.
Criminally negligent homicide occurs when a person negligently causes the death of another person. Negligence is a less culpable state of mind than recklessness. Recklessness requires that the person disregard a known risk, while negligence requires only that the person fail to perceive the risk.
Kidnapping
First degree kidnapping is committed when a person who seeks money or other concessions in order to release someone under the person's actual or apparent control either a) forcibly seizes and carries any person from one place to another, b) entices or persuades any person to go from one place to another or c) imprisons or forcibly secrets any person. Second degree kidnapping is committed when a person knowingly seizes and carries any person from one place to another, or entices a child with the intent to keep the child from the child's parents, or with the intent to sell or trade the child. Kidnapping is a felony, and can be committed just be taking a person from one room of a house to another without their consent.
Menacing
Menacing occurs when a person places another person in fear of imminent serious bodily injury through threat or physical action. Menacing is a felony if it is committed with a real or simulated deadly weapon or through a threat that the person is armed with a deadly weapon. In Colorado, the courts have held that even a person's hands can be considered "deadly weapons".
Robbery
Robbery is generally defined as taking anything of value from the person or presence of another by the use of force, threats or intimidation. Robbery is a more serious offense when committed against an at-risk victim. Aggravated robbery occurs when a person commits a robbery as just defined and, either during the robbery or the immediate flight from the robbery, the defendant a) is armed with a deadly weapon and the defendant intends to harm anyone if resisted, b) wounds or strikes the victim with a deadly weapon, or puts the victim in fear of death or bodily injury with a deadly weapon, c) has a confederate who is armed with a deadly weapon and is aiding or abetting the defendant, or d) he possesses a simulated deadly weapon in fashion that would lead a reasonable person to believe it is an actual deadly weapon.
Weapons Offenses
The more commonly charged offenses related to the possession or use of weapons are: A person who knowingly possesses a dangerous weapon commits a class 5 felony, with subsequent convictions being a class 4 felony. A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor. A person commits the crime of carrying a concealed weapon, in violation of C.R.S. § 18-12-105, if the person knowingly and unlawfully carries a knife or firearm concealed on or about his person, or if the person brings any firearm, explosive or incendiary device into the capitol building. This offense is a class 2 misdemeanor. A person who has been convicted of a second offense in five years is guilty of a class 5 felony.
- Carrying a concealed weapon.
- Possession of a dangerous weapon.
- Possession of an illegal weapon.
- Prohibited use of a weapon.
- Possession of a weapon by a previous offender.
- Possession of an explosive or incendiary device.
- Felony menacing.
A conviction for a weapons offense can impact your ability to possess even legal firearms or other weapons in the future. If you or someone you know have been arrested or are under investigation for any type of weapons offense, please contact Attorney Mark Langston immediately to discuss your situation.
The Law Office of Mark T. Langston, P.C.
1881 Ninth Street, Suite 305
Boulder, Colorado
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