Fort Collins Juvenile Assault Attorney | 11-Year-Old Arrested for Assault

An 11 year old boy was arrested for juvenile assault after stabbing a classmate with a pencil in the hallway at school.
An 11 year old boy was arrested for juvenile assault after stabbing a classmate with a pencil in the hallway at school.
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An 11-year-old Colorado Springs boy was recently arrested for Second Degree Assault after an incident that occurred in his middle school.   According to the news report, the boy allegedly stabbed a classmate with a pencil in the hallway between classes. The victim suffered a punctured lung and had to undergo trauma surgery to repair the lung and puncture wound. In Fort Collins, Loveland, and Estes Park, a wound of this nature is considered ‘serious bodily injury’ and therefore the boy was arrested and charged with 2nd Degree Assault. He was also suspended from school probably pending an expulsion hearing and the outcome of the case.

Larimer County Juvenile Crime Lawyer: What is the Definition of 2nd Degree Assault?

In Larimer, Boulder, and Grand County, the 2nd Degree Assault statute is extremely long and complicated. The section that most likely applies to the boy’s charges above is part g. The Colorado law definition of Assault in the Second Degree – C.R.S. 18-3-203(g) – is:

A person commits the crime of assault in the second degree if:

(g) With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another

A vital definition in this statute is ‘serious bodily injury.’ ‘Serious bodily injury’ is defined as:

Bodily injury which, either at the time of the actual injury or at a later time, involved a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.

Because when the victim was stabbed he suffered an impairment of the function of his lung (a vital organ), the arrested boy was charged with 2nd Degree Assault.

Fort Collins Juvenile Assault Lawyer: What Does an Assault Charge Mean for My Child?

Second Degree Assault is a class 4 felony in Colorado. If an adult had been charged with this crime, the penalty range is 5 to 16 years in the Colorado Department of Corrections and up to $500,000 in fines. Luckily, juvenile crimes are adjudicated differently than adult charges. If your child is facing a criminal charge, don’t try and navigate these uncharted waters alone. Let the experienced juvenile defense attorneys from the O’Malley Law Office help your child avoid long term consequences.

If your child has been charged with a crime, be smart, exercise your right to remain silent, and contact the best juvenile criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your child’s future.