An accident could lead to mandatory prison sentence for Second Degree Assault in Fort Collins. Earlier this year, the Fort Collins police arrested a man after he accidentally shot his friend with a 9mm handgun. The alleged victim was shot in the leg – his injuries are serious but not life threatening. As a result of this accident, the man is facing possible charges of Second Degree Assault in Fort Collins (C.R.S. 18-3-203).
What is the Sentence for Second Degree Assault in Fort Collins?
The Fort Collins man has most likely been charged with Second Degree Assault – C.R.S. 18-3-203, which is committed when someone:
“Recklessly causes serious bodily injury to another person by means of a deadly weapon.”
Second Degree Assault is a Class 4 felony when committed under these circumstances. There are a few other elements regarding sentencing, however:
- Second Degree Assault in Fort Collins, Loveland or Estes Park has a mandatory prison sentence when a weapon is involved.
- Second Degree Assault is an Extraordinary Risk Crime, which means that a longer sentence is imposed.
- Because the crime was committed using a handgun, an additional sentence of five years will be added upon conviction.
The Fort Collins man is facing up to 13 years in the Colorado Department of Corrections for this accident. There are many circumstances that could cause a mishap like this: Maybe he had a little bit too much to drink. Maybe it was a long day at work, and his concentration was off as he cleaned his gun. Whatever the circumstance, a momentary lapse of judgment that leads to an accident could send you to prison for a very long time.
Second Degree Assault that is Committed with Other Crimes
If the injury had occurred while another crime was being committed (such as Burglary, Murder, Robbery, Escape, Kidnapping, Arson, Sexual Assault, or Sexual Assault on a Child) it would be a Class 3 felony in Larimer County, and would result in up to 21 years in prison (in some cases, sexual assault is an indeterminate sentence – meaning there is no upper limit to the amount of time you could spend in prison).
Second Degree Assault in Fort Collins is a very serious offense that could result in many years in prison. If you or a loved one has been contacted by Larimer County sheriff or police, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-658-0007, or submit the “Get Help Now” form. Together, we can protect your future.
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