People often get angry when they drive; road rage is common throughout Larimer County. Anger and frustration while driving can quickly escalate, and a person who loses control of their emotions could face serious charges. For example, earlier this spring in another state, two women fought over a parking lot space at a shopping mall. The argument became heated, and one woman allegedly bit off the end of another woman’s finger during the alteration. If this had happened in Jackson, Boulder, or Broomfield County, the finger-biting woman would be charged with Second Degree Assault. Let’s look closer at the definition of Assault in order to understand the parking lot disagreement and subsequent assault:
What is Second Degree Assault?
Second Degree Assault – C.R.S. 18-3-203 is charged when a person, “with the intent to cause bodily injury to another person,” causes an injury to that person by means of a deadly weapon.” There are other instances where 2nd Degree Assault is charged, such as preventing a police officer from carrying out his duty, but we’ll focus on the first definition in relation to the story of the parking lot assault.
– What is “Serious Bodily Injury?”
Serious bodily injury is defined in the Colorado statute 18-1-901 as: “Bodily injury which, either at the theme of the actual injury or at a later time, involves…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.” When a person is harmed in such a way which causes disfigurement or the impairment of a part of the body (in the parking lot case, the woman’s finger was impaired), they will be accused of Assault in Colorado.
– What is a “Deadly Weapon?”
In the same statue, “deadly weapon” is defined as: “A firearm…a knife, bludgeon, or any other weapon, device, or instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.” This seems straightforward, but we have seen instances where a person’s fist or foot was labeled a “deadly weapon” in cases in Longmont, Boulder, and Berthoud.
[pullquote align=”center” textalign=”center” width=”50%”]Situations get out of hand easily. If you are charged with Assault, contact an attorney immediately. [/pullquote]Why You Need an Experienced Criminal Defense Attorney
Situations get out of hand easily. Even if you don’t end up biting someone’s finger off in a parking lot disagreement, you could be charged with Second Degree Assault for causing “serious bodily injury” to another person during a fight. The consequences of an assault conviction are life-changing: 2nd Degree Assault ranges from a class 6 to a class 3 felony, depending on the circumstances. It is important to understand the effect a felony record will have on your life. You could go to prison, you may have a difficult time finding a job or housing, and society will not trust you. Don’t plead guilty if you have been accused of Assault. Instead, contact an experienced criminal defense lawyer who can fight on your behalf in court.