Arrested and charged with second-degree assault in Colorado? It is a very serious criminal charge. Colorado classifies second-degree assault as a class 4 felony offense. A conviction can carry multiple years in prison, along with other criminal penalties. At The Martin Law Firm, we have the experience to defend these charges. Here, our Montrose defense law firm provides a comprehensive guide to second-degree assault charges in Colorado.
Know the Law: Second Degree Assault in Colorado
As a starting point, it is important to know the law that second-degree assault sits in the middle tier of Colorado’s assault classification. While it is not as severe of a crime as first-degree assault, it is still a felony that carries the potential for life-changing consequences. The statute is C.R.S. § 18-3-203. It clarifies the circumstances under which the state can charge the offense. Under the law, second-degree assault covers assault that causes:
- Intentional injury caused by a deadly weapon;
- Injury to protected classes of victims;
- Injury that occurs during the resisting of arrest
- Certain acts involving drugs or physical force.
Note: The Colorado second-degree assault statute is comprehensive. The law can be confusing for people who have been charged with this type of crime. An experienced Colorado criminal defense lawyer can help you better understand the assault charge that you are facing.
Serious Bodily Injury is a Key Component in Many Second-Degree Assault Cases
While not always required, many second-degree assault charges in Colorado are filed based on a victim’s alleged serious bodily injury. The definition of the term “serious bodily injury matters. Colorado uses a technical definition under C.R.S. § 18-1-901(3)(p). The statute describes serious bodily injury as an injury that carries a substantial risk of death, permanent disfigurement, permanent impairment of a body part, or extended loss or impairment of a bodily function.
Of course, there is some room for interpretation within that definition. A bruise or minor laceration does not qualify. A broken bone can qualify. Internal injuries can qualify as a serious bodily injury, but the severity matters. Along the same lines, a concussion could be classified as a serious injury, but the actual medical diagnosis matters. The prosecution must prove the injury meets the statutory threshold. For that reason, medical records of the (alleged) victim are often relevant.
A Serious Bodily Injury is Not Always Required: The Role of a Deadly Weapon
In Colorado, second-degree assault can also be charged when the defendant uses a deadly weapon to cause bodily injury. If a deadly weapon is used, the prosecution no longer needs to prove that a serious bodily injury occurred. The use of a deadly weapon to cause a physical injury can be sufficient for a second-degree assault charge in Colorado. Notably, the state’s definition of a deadly weapon is wide. Among other things, it includes firearms, knives, blunt objects, and any item used in a way that can cause death or serious injury. This category creates exposure for defendants who never intended to use the object as a weapon.
You Have the Right to Raise a Defense: Your Colorado assault defense lawyer can challenge both the classification of the object and the way the prosecution interprets the conduct. The state must prove the defendant used the object in a manner capable of causing serious injury.
Penalties for Second Degree Assault in Colorado
Second-degree assault is a serious crime in Colorado. It is a felony offense that can carry very serious criminal penalties. The baseline classification is a class 4 felony under C.R.S. § 18-3-203. The presumptive sentencing range for a class 4 felony is two to six years in the Department of Corrections, along with mandatory parole. Beyond that, a Colorado court can also impose fines, conditions for probation, an order of protection, treatment requirements (drugs, alcohol, anger management, etc), and payment of restitution. These penalties apply even when the conduct falls on the lower end of the statute.
Note: The penalties increase dramatically when the prosecution alleges that the defendant committed a “crime of violence.” Colorado’s Crime of Violence law appears in C.R.S. § 18-1.3-406. The rule applies when the state claims serious bodily injury or the use of a deadly weapon with specific intent. If the prosecution files this notice, the court must impose a mandatory prison sentence. Probation becomes unavailable. The sentencing range moves to five to sixteen years. This could become an issue in a second-degree assault case. It is generally best to fight back against a crime of violence classification at the outset of a criminal case.
How to Defend Yourself Against a Second Degree Assault Charge
Any person accused of second-degree assault is presumed innocent until proven guilty. That you have been arrested for and charged with the crime does not mean that you are entirely out of options. You have the right to raise a strong defense. Here is an overview of some of the most common defense strategies in second-degree assault cases:
- Question Evidence: You are presumed innocent until proven guilty. The prosecution must present evidence that proves every element of a second-degree assault charge in order to obtain a conviction. You have the right to challenge the evidence. If they cannot prove the charge, the case should be dismissed.
- Challenge Intent: Many versions of second-degree assault require proof that the defendant acted knowingly or recklessly. Intent becomes a primary battleground. The prosecution must show a mental state that matches the subsection charged. Your Colorado defense lawyer can assert that you did not have the intent to commit assault or any other crime.
- Argue an Overcharge: You may have been improperly overcharged. Your defense lawyer could argue that the prosecution cannot reasonably prove that the alleged victim suffered a serious bodily injury or that you used a deadly weapon as defined by Colorado law.
- Assert Self Defense: In Colorado, self-defense is an affirmative defense that can be raised in a second-degree assault case. Colorado allows reasonable force when a person believes they face imminent unlawful force.
Why Work With Our Defense Lawyer
Were you arrested and charged with second-degree assault in Montrose County or elsewhere in Colorado? It is imperative that you have a top-rated attorney on your side. A second-degree assault charge can carry very serious criminal penalties in Colorado. Our founder and managing attorney, Brent Martin, has more than two decades of criminal law experience. We are proactive and detail-driven. When you reach out to our Montrose law office, you will have a chance to speak to a Colorado assault defense lawyer who can review your case, answer your questions, and develop a plan of action that works best for you and your specific situation.
Contact Our Defense Attorney Today
At The Martin Law Firm, our Colorado criminal defense lawyer handles all types of assault charges. If you or your loved one was arrested and charged with a second-degree assault offense, you need a top attorney on your side. Contact us now to set up your completely confidential, no obligation initial consultation. With an office in Montrose, we defend assault charges throughout the region, including in Montrose County, Delta County, Gunnison County, and Mesa County.