There are many different circumstances that constitute Second Degree Assault charges in Fort Collins and Larimer County. A boy will likely be facing either a First Degree Assault or Second Degree Assault after stabbing his brother in the arm with a pocket knife. According to the report, the boy’s family had been visiting another state and had a long car trip ahead of them. The 13-year-old boy was apparently not very happy about all the time he had to spend in close quarters with his brother. When questioned by the police about why he did it, he told them he would rather go to jail than sit in the car with his 15-year-old brother for eight hours. His wish came true because he was arrested and charged with Assault.
Larimer County Second Degree Assault on Brother Definition
The Colorado law definition of Second Degree Assault, as it relates to the case above, – C.R.S. 18-3-203 – is:
(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;
(g) With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another;
If it is determined that the boy’s intent was to cause bodily injury, the degree of injury (bodily injury vs. serious bodily injury) the brother actually sustained will determine which subsection applies.
First Degree Assault Attorney in Fort Collins, Loveland, and Estes Park
The Larimer County, Colorado law definition of First Degree Assault – C.R.S. 18-3-202(1)(a) – is:
(a) With intent to cause serious bodily injury to another person, he causes serious bodily injury to any person by means of a deadly weapon
If it is determined that the boy intended to cause serious bodily injury and that was the resulting injury to his brother, then First Degree Assault would apply. The law defines ‘serious bodily injury’ as:
If you or someone you love has been charged with First Degree Assault or Second 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 today. Together, we can protect your future.
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