Assault in the Second Degree is arguably the most complex Assault charge in Fort Collins. Factors such as severity of bodily injury and whether a deadly weapon was used make 2nd Degree Assault a complicated criminal offense. Its designation as a crime of violence further adds to the complexity of this offense. For these reasons, if you have been charged with Assault in the Second Degree, you cannot afford to take on your charges without the help of a top criminal defense lawyer. Below, the best Fort Collins criminal defense lawyers answer FAQs on 2nd Degree Assault charges:
What is Assault in the Second Degree, C.R.S. 18-3-203 at the Larimer County Courts?
Assault in the Second Degree is a complex criminal charge at the Larimer County Courts. You can be charged with this offense for any one of several different actions, such as:
- Intentionally causing non-serious bodily injury to another person with a deadly weapon.
- Recklessly causing serious bodily injury to another person with a deadly weapon.
- Intending to cause non-serious bodily injury, but instead causing serious bodily injury.
Is 2nd Degree Assault a Misdemeanor or Felony in Colorado?
2nd Degree Assault is always a felony offense in Colorado. The felony classification depends on several different factors, and can be a class 6, class 4, or class 3 felony. It is also a crime of violence subject to increased penalties.
What is Bodily Injury in Fort Collins?
Colorado law classifies injury as “bodily injury” and “serious bodily injury” in Fort Collins. “Bodily injury” is defined under C.R.S. 18-1-901 as:
Bodily injury includes minor physical pain, regardless of whether any marks – including cuts or bruises – are left behind.
What is Serious Bodily Injury in Loveland?
“Serious bodily injury” is defined under C.R.S. 18-1-901 as:
Serious bodily injury is more severe than bodily injury, as it involves substantially greater pain, significant impairment, and / or risk of death.
What are Deadly Weapons in Estes Park?
In Estes Park, deadly weapons are those that are capable of inflicting serious bodily injury or death to another person. Deadly weapons include firearms (regardless of whether they are loaded), knives, and bludgeons. However, any other object that can cause serious bodily injury or death can be considered a deadly weapon, even if that object is not in and of itself a weapon. Even fists can be considered deadly weapons.
What is the Minimum Sentence for 2nd Degree Assault in Larimer County?
In Larimer County, the minimum sentence for 2nd Degree Assault depends on the circumstances behind the defendant being criminally charged. Assault in the Second Degree can be a class 6, class 4, or class 3 felony. Depending on the classification of the offense, the absolute minimum time a defendant can serve is 1.5 years in the Colorado Department of Corrections. However, a defendant convicted of this offense may instead be sentenced to several years or even decades in the DOC. This is because Second Degree Assault is a crime of violence, which increases the prison sentence the defendant must serve if convicted.
Does Assault in the Second Degree Come with a Mandatory Prison Sentence in Colorado?
Whether Assault in the Second Degree comes with a mandatory prison sentence depends on the circumstances behind the Assault in Colorado. In some cases, a sentence to DOC is mandatory, but it is not mandatory in other cases. If you have been criminally charged, it is essential that you contact a top criminal defense lawyer. Your lawyer can advise you as to whether your Assault charges carry a mandatory sentence to DOC.
Are There Defenses to a Second Degree Assault Charge in Loveland?
Yes, there are several defenses to a Second Degree Assault charge in Loveland. Some – such as the “heat of passion” defense – are partial defenses. This means that the felony classification may be reduced, thus reducing the penalties imposed on the defendant if convicted, but the charges will not be dismissed. Other defenses, such as self-defense, are affirmative defenses. If the defendant’s lawyer introduces evidence that demonstrates that he acted to defend himself or another person, the charges against him will be dismissed.
Contact the Best Fort Collins Criminal Defense Lawyers Today
If you have been charged with Assault in the Second Degree, it is essential that you contact the best Fort Collins criminal defense lawyers today. Second Degree Assault charges are a threat to your future and freedoms, and only a top criminal defense attorney can protect both. Don’t wait to contact us so that you can return to living your life in freedom.
Have you been charged with Assault in the Second Degree? Be smart, and exercise your right to stay silent. Never talk to Fort Collins Police or other law enforcement in Larimer County without a lawyer present. Then get in contact with a criminal lawyer with decades of experience at the O’Malley Law Office today at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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