There are many different actions that can result in Second Degree Assault charges in Fort Collins and Larimer County. In fact, there are 6 different actions that can result in this charge. Each action can result in a different level of injury and involves a different intent. It sounds complicated, right? That’s because it absolutely is! Let’s look at all the different actions that could result in a 2nd Degree Assault charge in Colorado.
Larimer County Assault in the Second Degree Lawyer: What Actions Result in Second Degree Assault Charges?
The Larimer County, Colorado law definition of Assault in the Second Degree – C.R.S. 18-3-203 – is:
(a) Repealed.
(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
(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
(c.5) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person; or
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or
(e) For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or
(f) While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or, while lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child, he or she knowingly and violently applies physical force against a person engaged in the performance of his or her duties while employed by or under contract with a detention facility, as defined in section 18-8-203 (3), or while employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender; except that, if the offense is committed against a person employed by the division in the department of human services responsible for youth services, the court may grant probation or a suspended sentence in whole or in part, and the sentence may run concurrently or consecutively with any sentences being served. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203 (3), and who is required to report back to the detention facility at a specified time is deemed to be in custody.
(f.5)(I) While lawfully confined in a detention facility within this state, a person with intent to infect, injure, harm, harass, annoy, threaten, or alarm a person in a detention facility whom the actor knows or reasonably should know to be an employee of a detention facility, causes such employee to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including but not limited to throwing, tossing, or expelling such fluid or material.
(g) With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another; or
(h) With intent to infect, injure, or harm another person whom the actor knows or reasonably should know to be engaged in the performance of his or her duties as a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, he or she causes such person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including by throwing, tossing, or expelling such fluid or material; 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.
Now, that is a long definition. Let’s break down each subsection together.
2nd Degree Assault Range of Actions: A Breakdown of Each Action in Loveland and Estes Park
Here is a quick summary of the actions that can result in Assault in the Second Degree charges and an example of each:
Subsection (b)
Summary: Using a deadly weapon, you cause bodily injury to another.
Example: You have a knife (a deadly weapon) and you use it against another person in a fight, but the only injury you cause is a shallow cut on the person’s arm.
Subsection (c)
Summary: Trying to stop a police officer or other emergency personnel from doing their job, you cause bodily injury.
Example: Throwing your shoulder into a police officer to get them away from you when they are trying to question you about an incident. Any physical contact with a peace officer will likely result in this charge in Fort Collins, Loveland, or Estes Park
Subsection (c.5)
Summary: Trying to stop a police officer or other emergency personnel from doing their job, you cause serious bodily injury
Example: Punching a police officer in the face and breaking their nose when they try to arrest you.
Subsection (d)
Summary: Acting recklessly while using a deadly weapon, you cause serious bodily injury.
Example: You allow your friend to ride on the hood of your car while you are driving and your friend falls off and breaks his leg.
Subsection (e)
Summary: Drugging someone without their consent.
Example: Making a drink for someone and slipping a drug that will render them unconscious in it.
Subsection (f)
Summary: Using physical force against a peace officer, emergency personnel, or court personnel while in custody.
Example: Pushing a Larimer County deputy away from you while you are confined to the Larimer County Jail.
Subsection (f.5) (I)
Summary: Exposing detention personnel to a bodily fluid or any other toxic or hazardous material while in custody.
Example: Spitting on a prison guard while serving a DOC sentence.
Subsection (g)
Summary: Causing serious bodily injury to another when intending to cause bodily injury.
Example: Fighting with someone and pushing them, but instead of just backing off, they fall back and crack their head open on a rock.
Subsection (h)
Summary: Exposing a peace officer or other emergency personnel to a bodily fluid or any other toxic or hazardous material.
Example: Spitting on a police officer.
Subsection (i)
Summary: Strangling or choking another person.
Example: When arguing with your girlfriend, you cover her mouth in an attempt to get her to stop talking and your hand covers her nose as well. When she makes a police report, she claims that she couldn’t breathe.
If you or someone you love has been charged with any of the above actions resulting in Second Degree Assault charges, 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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