Second Degree Assault can be charged in Fort Collins, Loveland, and Estes Park for many different reasons. One of those reasons is causing injury to a peace officer. Another reason could be an allegation of strangulation. For one police officer, his actions could result in charges under both these subsections. According to a report, a male police officer was confronting an arrestee and was preparing to spray the arrestee with pepper spray. Apparently, a female officer did not think this was a good idea. She pulled the officer back. The male officer then turned put his hand around the female officer’s neck and pushed her back against the patrol car. This was all caught on body camera footage.
Larimer County Double Whammy Assault in the Second Degree: Definition of 2nd Degree Assault in Colorado
The Larimer County, Colorado law definition of Assault in the Second Degree (as it relates to the case above) – C.R.S. 18-3-203 – is:
(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or
(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.
These two subsections are what most apply to the male officer. He could face a Second Degree Assault charge for harming another officer. I’m sure she would admit to feeling pain when the male officer did what he did. If she claims to have felt any pressure on her neck or that her breathing was restricted when he put his hands on her neck, then the strangulation subsection would apply as well.
Sentence for Second Degree Assault in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Assault in the Second Degree is a class 4 felony. This level felony is punishable by 2 to 6 years in the Colorado Department of Corrections.
If you or someone you love has been charged with 2nd 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 initial consultation. Together, we can protect your future.
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