Assault is charged in Fort Collins and Loveland when a person is accused of causing injury to another. There are three degrees of Assault in Larimer County, Colorado. The degree charged will depend on the level of injury, intent and if a weapon was used in the Assault. Recently, an altercation at the Loveland In-N-Out resulted in a man being charged with Second Degree Assault for his interaction with a teenager. According to the report, the teen was with a group of friends in the restaurant. They were splashing water on each other and some of the water hit a woman nearby. The teen went to apologize and the man who was with her grabbed him around the neck and threw him to the floor. Because of the age of the teen (15), the man was charged with Second Degree Assault and Child Abuse.
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Navigate this blog: What is Assault in the Second Degree – Strangulation in Larimer County? |
What is Assault in the Second Degree – Strangulation in Larimer County?
The Larimer County, Colorado law definition of Assault in the Second Degree – 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.
All a person has to say is that there was even a moment where they were unable to breathe and it’s enough to get this crime charged.
Penalty for Strangulation Second Degree Assault in Loveland
Second Degree Assault in Fort Collins and Loveland related to strangulation is a class 4 felony. The penalty for this level felony is 2 to 6 years in the Colorado Department of Corrections. Many subsections of 2nd Degree Assault require a mandatory sentence to DOC with an extended sentencing range for crime of violence. However, the strangulation subsection does not require the sentencing aggravators.
If you or someone you love has been charged with 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 a free initial consultation. Together, we can protect your future.
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