Second Degree Assault – Choking is charged in Fort Collins and Larimer County when a person puts their hands on someone’s neck and impedes their breathing. A passenger was recently charged with this felony crime after he choked his driver for singing Christmas carols. Now, I get that it’s not a common time of year for singing carols, but that reaction seems extreme. According to the report, the driver was singing the Christmas themed songs when the man up from the backseat and began choking the driver – to the point that he almost passed out. The incident was reported to police and the passenger was arrested.
Larimer County Choking Lawyer: Definition of Assault in the Second Degree in Boulder County
The Larimer and Boulder County, Colorado law definition of Second Degree Assault – C.R.S. 18-3-203 (1)(i) – is:
(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.
Because the man put pressure on the driver’s neck, which prevented him from breathing, he was charged with this crime.
Sentence for Choking Someone in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Choking Second Degree Assault is a class 4 felony, which is punishable by a sentence to prison and fines. In fact, this crime carries a mandatory prison sentence, which means probation is not an option if you plead to or are found guilty of Second Degree Assault – Choking. It is also considered a crime of violence, which means that it is subject to the extended sentencing range of 4 to 12 years in the Colorado Department of Corrections.
If you or someone you love has been charged with Choking Second Degree Assault, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free consultation or set up a jail visit today. Together we can protect your future.
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