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Second Degree Assault in Denver – C.R.S. 18-3-203

Second Degree Assault charges in Colorado require a criminal defense attorney to defend you.

Second Degree Assault is the second most serious form of Assault charges in Denver, Arapahoe, and El Paso County. In most situations, assault in the second degree is charged when another person is injured by the use of a deadly weapon. If the police have contacted you regarding Second Degree Assault charges, it is important that you remain silent and contact an expert criminal defense lawyer immediately. The early involvement of a hardworking lawyer will ensure that key evidence is not lost. A 2nd Degree Assault conviction will have a serious impact on your life and your future. Work with an aggressive criminal defense attorney who will fight for your freedom.

What is Second Degree Assault?

Second Degree Assault – C.R.S. 18-3-203, is charged in a variety of circumstances in Jefferson, Adams, and Douglas County. Let’s look at common scenarios outlined in the statute:

Injury Caused
to Another Person

The Intent Was to Cause Injury, a Deadly Weapon Was Used

Physical Force Applied to a
Peace Officer / Firefighter

While in
Lawful Custody

Bodily
Injury Caused

Reckless Behavior Was the Cause, a Deadly Weapon Was Used

Bodily Injury Caused
to Police Officer
or a Firefighter

Intent Was to Prevent
them from Performing Duty

Drug Administered
Causing Unconsciousness,
Mental Impairment, etc.

Done Without Consent, for Reasons Other than Valid Medical Treatment

Serious Bodily
Injury Caused

Intent Was
to Cause Injury

Detention Center Employee Comes into
Contact with Bodily Fluid

Intent was to Infect,
Injure, Harm, Harass,
Threaten, or Alarm

Bodily Injury Caused
As Result of Strangulation

The Intent Was to Cause Bodily Injury Through Strangulation

Second Degree Assault is a complex offense. The charges are determined depending on a variety of circumstances, such as whether or not a deadly weapon was used. The definition of deadly weapon is extremely broad, and includes fists, your feet, a broken bottle, or a gun or a knife. When a police officer is harmed, this crime is charged more harshly, with mandatory prison. Often, people are overwhelmed by the complexity of the charges and plead guilty to a lesser offense out of desperation. Don’t fall prey to this prosecution tactic – contact one of our knowledgeable criminal defense lawyers who will look at the discovery in your case and identify defenses to the 2nd Degree Assault charge.

The involvement of an aggressive

lawyer in your case is essential for your future.

What is the Sentence for Second Degree Assault?

Assault in the Second Degree sentences range from a class 3 felony to a class 6 felony in Boulder, Pitkin, or Larimer County. The severity of the offense depends on the circumstances of the crime. If the assault happened during the commission of another crime (or during an attempt to commit a crime) such as Burglary, Kidnapping, Sexual Assault, Robbery, Arson, Murder, Escape, or Sexual Assault on a Child, it is charged more harshly.

Class 6 Felony

1 Year – 18 Months in the
Colorado Department of Corrections

Class 4 Felony

2 – 6 Years in the
Colorado Department of Corrections

Class 3 Felony

4 – 12 Years in the
Colorado Department of Corrections

Why You Need an Aggressive Lawyer for 2nd Degree Assault Charges

If you or a loved one is facing Second Degree Assault charges, it is vital that you contact a hard-hitting criminal defense attorney immediately. This crime is subject to mandatory sentencing – meaning you will likely receive a prison sentence if convicted. Because of this, the involvement of a lawyer advocating on your behalf is priceless. The early involvement of one of our skilled defense lawyers will help preserve key evidence in your case. The lawyers at the O’Malley Law Office will work hard to defend you by:

1.Personally Interviewing Key Witnesses

2.Personally Visiting the Crime Scene to Gather Evidence

Second Degree Assault charges are common after bar fights or other brawls. In situations like this it is important to remain silent when the police contact you. Don’t give them your statement about the events of the night. Providing information to the police greatly restricts our ability to defend you in the courtroom. Instead of talking to law enforcement, contact an aggressive criminal defense attorney at the O’Malley Law Office to begin your defense. Our lawyers have 40 years of combined experience we will put to work for you.

Get Help Now

If you or a loved one has been charged with Second Degree Assault, be smart, exercise your right to remain silent, and contact one of the best criminal defense attorneys at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.
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Colorado Second Degree Assault Statute – 18-3-203

(1) A person commits the crime of assault in the second degree if:

(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.

(II) Repealed.

(III) (A) As used in this paragraph (f.5), “detention facility” means any building, structure, enclosure, vehicle, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the authority of the state of Colorado or any political subdivision of the state of Colorado.

(B) As used in this paragraph (f.5), “employee of a detention facility” includes employees of the department of corrections, employees of any agency or person operating a detention facility, law enforcement personnel, and any other persons who are present in or in the vicinity of a detention facility and are performing services for a detention facility. “Employee of a detention facility” does not include a person lawfully confined in a detention facility.

(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.

(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.

(2) (a) If assault in the second degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 6 felony.

(b) If assault in the second degree is committed without the circumstances provided in paragraph (a) of this subsection (2), it is a class 4 felony.

(b.5) Assault in the second degree by any person under subsection (1) of this section without the circumstances provided in paragraph (a) of this subsection (2) is a class 3 felony if the person who is assaulted, other than a participant in the crime, suffered serious bodily injury during the commission or attempted commission of or flight from the commission or attempted commission of murder, robbery, arson, burglary, escape, kidnapping in the first degree, sexual assault, sexual assault in the first or second degree as such offenses existed prior to July 1, 2000, or class 3 felony sexual assault on a child.

(c) (I) If a defendant is convicted of assault in the second degree pursuant to paragraph (c.5) of subsection (1) of this section or paragraph (b.5) of this subsection (2), except with respect to sexual assault or sexual assault in the first degree as it existed prior to July 1, 2000, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406. A defendant convicted of assault in the second degree pursuant to paragraph (b.5) of this subsection (2) with respect to sexual assault or sexual assault in the first degree as it existed prior to July 1, 2000, shall be sentenced in accordance with section 18-1.3-401(8)(e) or (8)(e.5).

(II) If a defendant is convicted of assault in the second degree pursuant to paragraph (b), (c), (d), or (g) of subsection (1) of this section, the court shall sentence the offender in accordance with section 18-1.3-406; except that, notwithstanding the provisions of section 18-1.3-406, the court is not required to sentence the defendant to the department of corrections for a mandatory term of incarceration.

(3) Repealed.