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:
(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:
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.