Mr. Merson is a highly rated and accomplished Colorado criminal defense attorney that is committed to providing you with high quality legal representation on your Second Degree Assault charges.
If you have pending Second Degree Assault charges in Colorado, you probably have many questions about how to proceed. Set up a free consultation today to get some answers.
Second-degree assault in Colorado is a serious criminal offense defined under Colorado Revised Statute (C.R.S.) § 18-3-203.
It encompasses various actions that intentionally or recklessly cause bodily harm to another person, with or without the use of a deadly weapon.
Understanding the elements, penalties, and potential defenses associated with second-degree assault is crucial for anyone involved in or affected by such charges.
Under C.R.S. § 18-3-203, second-degree assault occurs when an individual:
These actions encompass a range of behaviors, from physical assaults with weapons to actions that impair or disable another person through drugs or strangulation.
The severity of penalties for second-degree assault in Colorado varies based on the circumstances of the offense.
Generally, second-degree assault is classified as a class 4 felony, punishable by:
If the assault involves certain aggravating factors, such as the use of a deadly weapon or the victim being a public servant, it may be classified as a class 3 felony, carrying:
If the assault is considered a “crime of violence,” such as causing serious bodily injury or using a deadly weapon, the court must impose a mandatory minimum prison sentence of 5 years, with a maximum of 16 years.
Additionally, a conviction can lead to a permanent criminal record, loss of civil rights (such as the right to possess firearms), and challenges in securing employment or housing.
Several legal defenses may be available to individuals charged with second-degree assault:
If the defendant can demonstrate that they used force to protect themselves or others from imminent harm, this may justify their actions.
Second-degree assault often requires proof of intentional or reckless conduct. If the defendant did not have the requisite intent or acted without recklessness, this may serve as a defense.
If the defendant was provoked in a manner that would excite an irresistible passion in a reasonable person, and there was no sufficient interval between the provocation and the injury, this may reduce the severity of the offense.
Presenting evidence that the defendant was not involved in the alleged assault or was misidentified can be a valid defense.
If you or someone you know is facing second-degree assault charges in Colorado, it is imperative to consult with an experienced criminal defense attorney. Legal professionals can assess the specifics of the case, explore potential defenses, and work towards the best possible outcome.
If you have been accused of second degree assault charges mentioned above, your future is in jeopardy. Do not go into the fight without an experienced advocate.
Choosing an experienced lawyer is the best decision you can make early on in your case. If you need representation in Longmont, Boulder, Fort Collins, Erie, Mead, Frederick, Firestone, Berthoud, Niwot, Dacono, Lyons, Weld County, or Adams County, schedule a free consultation today. Contact Merson Law Office at (970) 219-2923. Or fill out an intake form here.
970-219-2923