With hormones running high, middle school can be an emotional rollercoaster. For one student, his emotions must have gotten the best of him when he stabbed his 14-year-old classmate in the back during recess. The principal was able to detain the boy and gain possession of the knife before police arrived and took him into custody. Luckily, the girl who was stabbed is in stable condition, but had to be airlifted to Children’s Hospital. Since the teen boy used a deadly weapon, he will be facing Assault charges.
First or Second Degree Assault: Which Will Be Charged in Larimer County?
C.R.S. 18-3-202 – Assault in the First Degree – is defined by Colorado law as:
(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; or
(b) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such an injury to any person; or
(c) Under circumstances manifesting extreme indifference to the value of human life, he knowingly engages in conduct, which creates a grave risk of death to another person, and thereby causes serious bodily injury to any person.
C.R.S. 18-3-203 – Assault in the Second Degree – is defined by Colorado law as:
(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, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon.
While, both degrees of Assault discuss the usage of ‘deadly weapons,’ the difference between the two is the level injury the victim sustained. In order for 1st Degree Assault to be charged in Larimer, Boulder, and Grand County, the victim must have suffered serious bodily injury (SBI). Serious Bodily Injuries include an injury involving:
- a substantial risk of death
- a substantial risk of serious permanent disfigurement
- a substantial risk of protracted loss or impairment of the function of any part or organ of the body
- a break or fracture
- second or third degree burns
Bodily Injury, on the other hand, includes:
- physical pain
- illness
- impairment of physical or mental condition
While it was not disclosed in the news report, the girl probably suffered serious bodily injury, seeing as she was stabbed in the back and the knife could have punctured an organ. If this is the case, the boy would be facing First Degree Assault, a felony in Fort Collins, Loveland, and Estes Park.
Juvenile Assault and Other Crimes in Fort Collins
Luckily, punishments for juvenile crimes are much less harsh that those for adults. While the charge of Assault would be the same for an adult or child, kids and teenagers are not held to the same punitive measures. Juvenile court judges and district attorneys are more willing to give the accused child a second chance due to their lack of life experience. Deferred adjudications and diversion programs are possible sentencing options for juveniles. Having an experienced juvenile criminal defense attorney at your child’s side is vital to protecting their future.