2nd Degree Assault Attorneys in Colorado Springs

When a person causes bodily injury to another individual using a deadly weapon, it is considered second-degree assault. Under Colorado law, second-degree assault is a felony-associated with serious consequences. The intent is usually not taken into account in Colorado courts. More often than not, it will not matter to the prosecution if you never intended to cause serious bodily injury to the victim.

The primary difference between second-degree assault and third-degree misdemeanor assault is either the fact that a weapon was used in the felony offense or a serious bodily injury (SBI) occurred. Doctors are often willing to sign off on an SBI form that law enforcement presents them, and before you know it, a typical drunk brawl or fight outside the stadium just turned into a felony charge. You will now have to post a substantial bail amount to get out of jail.

Working with a skilled assault charges defense lawyer in Colorado can mean the difference between being convicted for assault and successfully defending yourself.

The Definition of Second-Degree Assault in Colorado

If you commit any of the following, you will be charged with second-degree assault:

• “With intent to cause bodily injury to another person,” cause bodily harm to another individual using a deadly weapon
• “With intent to prevent” someone you know to be a law enforcement officer or firefighter from performing their legal duty, and intentionally causing bodily injury in doing so
• “Recklessly” cause bodily harm to another individual using a deadly weapon
• Administer a substance which causes stupor, unconsciousness, or other mental or physical impairments without consent, and for purposes other than lawful medical treatment
• Use physical force against a peace office or firefighter while legally confined or in custody (such as after being charged with or convicted of a criminal offense)
• “With intent to infect, injure, harm, harass, annoy, threaten, or alarm” a detention center employee (if you are incarcerated) by causing them to come into contact with bodily fluids such as urine, saliva, blood, etc.

Meaning of a Deadly Weapon in Colorado

In Colorado, there are two distinct categories of deadly weapon:

Per se deadly weapons

Per se deadly weapons include those designed to cause serious bodily injury or death or those that can easily cause injury or fatality. This category includes firearms, combat knives, daggers, swords, brass knuckles, and bludgeons. These weapons are meant to cause injury to other living beings.

Tools and objects capable of causing serious injury or death

In this category, the prosecution has the greatest scope to elevate charges of misdemeanor assault to felony assault. These “weapons” are not necessarily meant to cause injury. However, they can cause injury or death when used in a specific manner. This category includes furniture, metal pipes, wrenches, or vehicles. If used to inflict serious bodily harm, even a broom handle can be included in this category of deadly weapons.

Sentencing for Second Degree Assault in Colorado

In a second-degree assault conviction, sentencing can range from a class 3 felony (if the assault happened during the commission or attempt to commit another offense such as robbery, arson, sexual assault or sexual assault on a child, murder, escape, or kidnapping) up to a class 6 felony. Second-degree assault sentence may include the following:

• Class 6 Felony: One year to 13 months incarceration in the Colorado Department of Corrections
• Class 4 Felony: Two to six years of incarceration in the Colorado Department of Corrections
• Class 3 Felony: Four to 12 years incarceration in the Colorado Department of Corrections

You will be charged with second-degree assault if you use a weapon against another individual or administer a substance to limit their capability to retaliate. A gun or knife can be a “deadly weapon,” but a broken bottle or your clenched fists can cause serious bodily injury as well. This charge is particularly serious if you injured a law enforcement officer or prison guard.

Second Degree Assault: Legal Defense

There are various legal defenses to counter assault charges. At times, self-defense is an effective defense if you were assaulted first.

In other cases, you may be defending others or your personal property. For example, this would be the case if another individual behaved aggressively with a spouse or friend while the two of you were at a club.

Sometimes it may be a brawl involving numerous persons where no one actually knows who hit whom. A competent defense lawyer could potentially show that you are not even the right individual to charge. Second-degree assault charges are usually levied in conjunction with some of the less serious misdemeanor assault charges, such as assault in the third degree. Law enforcement does this to make sure that the defendant is convicted of at least one charge at trial.

Thus, it is critical to work with a defense lawyer who has significant experience defending violent crimes in a court. A seasoned criminal defense lawyer can get more serious charges dismissed or reduced to a less serious charge. They could also negotiate a more lenient sentence for you.

Legal Help from Experienced Defense Attorneys in Colorado Assault Cases

If you face assault charges in Colorado, the skilled criminal defense attorneys at the law offices of Anderson & Carnahan can help. With your future at state, involving not just the next few years during which you may be incarcerated and/or required to pay a hefty fine, you need a strong legal counsel to protect your best interests.

Upon assaulting another person, your life could change in a matter of seconds. Second-degree assault carries mandatory sentencing in Colorado. You must not delay contacting our lawyers at Anderson & Carnahan as soon as you can after being charged.

Our attorneys will undertake the following in most cases:

• Personally visit the scene of the crime to collect evidence
• Personally talk to witnesses

If you are faced with charges of second-degree assault after a brawl or another incident, contact our criminal attorneys immediately, before talking to law enforcement. When you provide a statement to the police, you limit our ability to defend you at trial. We will develop a robust defense in the early stages of the case to get your charges dismissed, negotiate a non-prison plea agreement, or get you acquitted at trial. For a no-obligation case review, call today at (719) 473-9099.