What Is Considered “Aggravated” in Colorado Violent Crimes?
In discussions about violent crimes, phrases like “aggravated assault” are often used. But many people don’t fully understand what “aggravated” means in a legal context.
While these terms are commonly heard in the news or legal dramas, the specific legal definition of “aggravated” and the circumstances that lead to such a designation are less widely understood. In Colorado, what makes a crime “aggravated” can significantly affect the severity of the charges and the penalties involved.
What Does “Aggravated” Legally Mean?
In legal terms, an aggravated crime is an offense committed under circumstances that allow for harsher punishments than the standard version of that crime. These circumstances, which elevate a crime to its aggravated form, are typically specified by statute and can include factors such as the use of a weapon, the intent to cause more severe harm, or the targeting of a vulnerable victim. Designating a crime as “aggravated” often results in more severe charges, leading to longer prison sentences, higher fines, and other enhanced penalties.
Colorado Crimes Enhanced by “Aggravated” Status
Several types of crimes in Colorado can be elevated to “aggravated” status under certain circumstances. Below, we explore some of these crimes and the specific conditions that can lead to an aggravated charge.
Felony Assault
In Colorado, what is commonly referred to as “aggravated assault” is classified under various degrees of felony assault as per the Colorado Revised Statutes (CRS) §§ 18-3-202, 18-3-203, and 18-3-205. Felony assault becomes aggravated based on factors such as the use of a weapon, the severity of the injuries inflicted, or if the assault was against a protected class of people, such as law enforcement officers. For example, an assault that causes serious bodily injury with a weapon might be charged as first-degree assault, a form of aggravated assault.
Robbery
Robbery can be escalated to aggravated robbery under CRS § 18-4-302 if the perpetrator uses a deadly weapon, causes bodily injury, or indicates by word or action that they possess a deadly weapon during the commission of the crime. For instance, if a person robs a bank while brandishing a firearm, this action could lead to an aggravated robbery charge, which carries significantly heavier sentences than a simple robbery.
Sexual Assault
Under CRS § 18-3-402, sexual assault occurs when a person knowingly inflicts sexual intrusion or sexual penetration on a victim under various circumstances, such as when the victim does not consent, is physically helpless, or when the perpetrator uses force or intimidation. The crime can be enhanced to aggravated sexual assault if the perpetrator causes serious bodily injury, uses a deadly weapon, or if the act is committed during the commission of another felony, among other factors.
CRS § 18-3-404 criminalizes any unlawful sexual contact, which is defined as knowingly touching another person’s intimate parts or causing another person to touch one’s intimate parts without consent or under coercive circumstances. It also includes instances where the victim is unable to consent due to age, mental incapacity, or intoxication. Unlawful sexual contact may be enhanced to aggravated status if it involves the use of force, threat of harm, or if the victim is incapacitated.
CRS § 18-3-405 provides that sexual assault on a child occurs when a person knowingly subjects a child under the age of 15 to any sexual contact and the perpetrator is at least four years older than the child. This statute is focused on protecting minors from sexual predators. The offense can be elevated to aggravated sexual assault on a child if it involves a pattern of abuse, multiple incidents, or the use of force or threats, especially if the child suffers serious injury or trauma as a result.
Intimidation of a Witness or Victim
Under CRS § 18-8-705, intimidating or retaliating against a witness or victim is considered a serious offense. If threats or acts of violence are involved, the crime may be elevated to an aggravated status, leading to more severe legal consequences.
Drug Crimes
Under CRS § 18-18-405, the unlawful manufacture, sale, distribution, or possession of a controlled substance can be considered aggravated if it involves large quantities of controlled substances, occurs near schools or other designated areas, or involves minors. For example, selling drugs within 1,000 feet of a school can elevate a standard drug distribution charge to an aggravated one, resulting in much harsher penalties.
Animal Cruelty
A person can be guilty of “cruelty to animals” if they mistreat or neglect any animal. Animal cruelty charges can also be elevated to aggravated cruelty under CRS § 18-9-202. This is typically the case when the cruelty involves intentional and extreme acts of violence or results in the death of the animal.
Defense Strategies Against Aggravated Charges
Several defense strategies can be employed when facing charges for aggravated crimes. For example, a skilled Summit County criminal lawyer might argue that the circumstances do not meet the statutory requirements for an aggravated charge, aiming to reduce the charge to its non-aggravated form. This reduction can significantly decrease the potential penalties, including shorter prison sentences and lower fines.
Moreover, defense attorneys might challenge the evidence or how law enforcement handled the case, potentially leading to a dismissal or acquittal. For instance, your lawyer may question the validity of witness testimony, argue that their client’s actions were misinterpreted, or assert that their client’s rights were violated during the investigation.
How an Experienced Breckenridge Criminal Defense Attorney Can Help With Your Summit County Violent Crimes Charge
Having the right lawyer is imperative when dealing with aggravated charges. At Whitaker & Penix, LLC, we are committed to protecting your rights and providing a robust defense against even the most serious charges.
If you or a loved one is facing aggravated charges, don’t wait to contact one of our Breckenridge violent crime defense attorneys.
Call our Colorado firm at (970) 368-0602 to discuss your case and explore your legal options.