Colorado Second Degree Assault Defense Attorney in Aurora
Charged with Assault in the Second Degree, Seek Help from A Second Degree Assault Attorney
Second Degree Assault is the second highest level of assault. It is an extremely serious criminal offense. It can fall under the category of crime of violence which requires mandatory prison time. It can also be considered an extraordinary risk crime which can increase the maximum possible sentence a judge can impose.
If you have been accused of second-degree assault in any court, request a free consultation today. Our Colorado Second Assault Defense Attorney regularly represents clients in Arapahoe County, Douglas County, Adams County, and the Denver Metro Area.
Second Degree Assaults can also vary based on the circumstances of each case. If a child was present or the victim of the assault, the defendant could be charged with child abuse. If the victim and the defendant have an intimate relationship, the assault can be designated as an act of domestic violence. Each of these cases open different possibilities for sentencing and required classes and treatment defendants are required to complete if convicted.
What is Second Degree Assault under Colorado Law?
Under Colorado Law, you can be charged with Second Degree Assault if you:
· Intentionally cause bodily injury to a victim through use of a deadly weapon.
· Recklessly cause serious bodily injury to another through use of a deadly weapon.
· Intending to and causing serious bodily injury.
· Causing bodily injury while trying to prevent a peace office from performing their duties.
· Intentionally drugging someone without their consent.
The specific statutory language defining Second Degree Assault is found at C.R.S. § 18-3-203. Terminology is important in understanding a Second Degree Assault charge. Serious bodily injury is an injury that involves a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body.
This would include broken or fractured bones. Bodily injury on the other hand is pain and discomfort. There doesn’t necessarily need to be a mark, but you would typically expect injuries consistent with the allegation.
A deadly weapon includes any weapon that can cause serious bodily injury. This would include guns, knives, and other dangerous weapons. Dangerous weapons always aggravate criminal cases and require skilled representation.x`
What is the Punishment for Second Degree Assault?
Second Degree Assault is a class 4 felony. It is punishable by 2 to 6 years in prison or a fine of $2,000 to $500,000. There is mandatory parole after any prison sentence. Second degree assault can be considered a crime of violence depending on how it is charged.
Strangulation, for example, does not fall under the category of crime of violence. Intentionally causing serious bodily injury does qualify as a crime of violence.
This means prison time is mandatory and would be in the range of 5 to 16 years. You can also be charged with an attempted Second Degree assault. This takes the crime to a class 5 felony. For information concerning the sentencing ranges, please see our criminal defense section.
A Second Degree Assault can also be charged as an act of domestic violence. Domestic violence is a sentencing enhancer that can cause additional jail and probationary requirements.
Common Second Degree Assault Defenses
The most common defense to a second degree assault is self-defense. Self defense involves two elements. A defendant must under attack or think they are being attacked. The defendant must respond with the appropriate amount of force to repeal that attack.
A defendant can also attack the intent element of the criminal charge. For example, a defendant can claim they acted within the heat of passion. The heat of passion defense will not result in a not-guilty verdict, but it will lower the felony.
There are various other affirmative defense or general defenses that can be applied. Defenses are dependent on the facts of a case. It is important to speak with a criminal defense attorney to discuss all possible defenses.
Speak with A Qualified Assault Defense Attorney Today
There is not a cookie cutter approach to an assault case. The facts drive the representation and arguments that can be made. A second degree assault may seem simple and straight forward. They can get complicated quickly and requires a skilled criminal defense attorney.
If you are charged with an assault type case in Aurora or the Denver Metro Area, request a consultation today. We are open during regular business hours, and we will stay late and be available on the weekends if necessary. Schedule a free consultation with an Assault Defense Attorney from the Lawrence Law Firm. We are ready, willing, and able to represent you.
Request a free consultation today and speak with our second degree assault attorney.