June 20, 2025

​Fort Collins assault charges lawyer.

Mr. Merson is a highly rated and accomplished Fort Collins 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 Fort Collins, 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:

1. Intentionally causes bodily injury to another person using a deadly weapon.
2. Recklessly causes serious bodily injury to another person using a deadly weapon.
3. Intentionally causes bodily injury to a peace officer, firefighter, emergency medical provider, or emergency medical service provider while they are performing their lawful duties.
4. Intentionally causes serious bodily injury to a peace officer, firefighter, or emergency medical service provider while they are performing their lawful duties.
5. Intentionally impairs or disables another person by administering a drug, substance, or preparation capable of producing the intended harm, without their consent.
6. Intentionally applies pressure to the throat or neck of another person, intending to impede their breathing or blood circulation. 

These actions encompass a range of behaviors, from physical assaults with weapons to actions that impair or disable another person through drugs or strangulation.

Penalties for Second-Degree AssaultThe severity of penalties for second-degree assault in Colorado varies based on the circumstances of the offense:
Class 4 Felony: Generally, second-degree assault is classified as a class 4 felony, punishable by:
2 to 6 years in prison

• Fines ranging from $2,000 to $500,000
• 3 years of mandatory parole

Class 3 Felony: 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:

• 4 to 12 years in prison
  
• Fines between $3,000 and $750,000
  
• 5 years of mandatory parole
  

Crime of Violence Designation: 

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

Potential Defenses Against Second-Degree Assault ChargesSeveral legal defenses may be available to individuals charged with second-degree assault:

Self-Defense or Defense of Others: If the defendant can demonstrate that they used force to protect themselves or others from imminent harm, this may justify their actions.

Lack of Intent: 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.

Heat of Passion: 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.

​False Accusation or Mistaken Identity: 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 in Fort Collins, 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 or Lyons schedule a free consultation today, Contact The Merson Law Office at 970-219-2923 or 303-776-3511.  Or fill out an intake form here.  ​​​