If you have been charged with Assault in the Second Degree in Fort Collins, Colorado, you will need the best criminal defense lawyer to defend you at the Larimer County Courts. Second Degree Assault is a felony offense, and is often charged when a person causes serious bodily injury. It can also be charged for intentionally causing non-serious bodily injury with a deadly weapon, such as a firearm or knife. Below, our top criminal defense lawyers discuss 2nd Degree Assault compared to Colorado’s other Assault laws:
1. How is Assault in the Second Degree, C.R.S. 18-3-203, Charged at the Larimer County Courts?
Assault in the Second Degree, C.R.S. 18-3-203, can be charged for a variety of different actions at the Larimer County Courts. The most common subsections of Assault in the Second Degree we see charged are as follows:
(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or
(c.5) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person; or
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon.
(g) With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another; or
(i) With the intent to cause bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury.
There are other actions that will result in Assault in the Second Degree charges beyond what is outlined above. If you have been charged with Second Degree Assault and have questions, it is best to contact an experienced criminal defense lawyer who can advise you further.
2. 2nd Degree Assault vs. First Degree Assault and Third Degree Assault in Fort Collins
There are two other degrees of Assault that are charged in Fort Collins: First Degree Assault / Assault in the First Degree, and Third Degree Assault / Assault in the Third Degree. 1st Degree Assault is the most severe Assault charge, whereas Assault in the Third Degree is the least serious. See the table below for a comparison between the different degrees of Assault:
Assault in the Third Degree, C.R.S. 18-3-204 |
Assault in the Second Degree, C.R.S. 18-3-203 |
Assault in the First Degree, C.R.S. 18-3-202 |
|
| Intent | Reckless, knowing, or with criminal negligence | Knowing or intentional | Intentional |
| Outcome | Non-serious bodily injury | Non-serious bodily injury or serious bodily injury; depends on intent | Serious bodily injury or permanent disfigurement |
Many different factors impact whether a person is charged with Assault in the First Degree, Second Degree Assault, or 3rd Degree Assault. However, the intent behind the Assault and the degree of bodily injury are two of the primary factors that will determine which degree of Assault is charged.
3. What are the Penalties for Second Degree Assault in Loveland and Estes Park?
The penalties for conviction of Second Degree Assault in Loveland and Estes Park are broad. Depending on the circumstances, this offense can be a class 6, class 4, or class 3 felony. Additionally, 2nd Degree Assault can be a crime of violence, extraordinary risk crime, or both. Crimes of violence and extraordinary risk crimes both increase the amount of time a defendant will serve at the Colorado Department of Corrections / DOC. Therefore, the sentence a defendant will face for 2nd Degree Assault varies, depending on the circumstances behind the Assault.
Generally, a defendant convicted of Assault in the Second Degree can expect the following penalties:
- Several years of incarceration the Colorado Department of Corrections
- Up to 3 years of mandatory parole after release from prison
- A fine of tens or hundreds of thousands of dollars
- Restitution payments to the victim
- Relinquishment of all firearms and ammunition
- Anger management classes, if deemed appropriate by the judge
Have you been charged with Assault in the Second Degree? First, exercise your Fifth Amendment right to remain silent. The Fort Collins Police and Larimer County Sheriff only want to talk to you to get an incriminating statement from you that will result in your conviction at the Larimer County Courts. Then get in contact with a criminal lawyer with decades of experience at the O’Malley Law Office today at 970-658-0007 to talk about your case. 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!
Photo by Karolina Grabowska