Knowingly or recklessly causing serious bodily injury to another is often charged as Second Degree Assault in Greeley and Weld County. A skier is likely facing this felony charge after attempting a ski trick, and hurting some of the people in the crowd. According to the report, the skier had mentioned that he was going to try and jump the crowd, but those who overheard him assumed he was joking. The event, which is know for its craziness, went too far when the man launched off the deck and directly into the crowd, breaking one woman’s collar bone and injuring others. Initially, the skier was charged with misdemeanor Third Degree Assault, but a broken bone means serious bodily injury and the charge was harshened to the felony.
Weld County Assault in the Second Degree Lawyer: Definition of 2nd Degree Assault in Morgan County
The Weld, Morgan, and Logan County, Colorado law definition of Assault in the Second Degree as it relates to this case – C.R.S. 18-3-203(1)(d) – is:
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon;
Any item that can be used to cause death to another is considered a deadly weapon, so the skis would count in this case. The skier did not intentionally try and hurt the woman, but his actions were considered reckless as they did not take into consideration the safety and well being of others. In Greeley, Erie, and Evans, for an injury to be considered ‘serious bodily injury’ it must meet one of the following:
- Risk of death
- Risk of permanent disfigurement
- Risk of loss of the function of an organ or other body part
- Breaks or fractures
- 2nd or 3rd degree burns
The woman’s broken collar bone would meet the conditions of serious bodily injury.
Sentence for 2nd Degree Assault in Johnstown and Berthoud
A Second Degree Assault charge under subsection (d) is a class 4 felony in Greeley, Johnstown and Berthoud and is considered a crime of violence, which means the sentencing range is extended to 4 to 12 years in the Colorado Department of Corrections. While some Second Degree Assault charges carry a mandatory sentence to DOC, subsection (d) does not.
If you or someone you love has been charged with, arrested for, or accused of Second Degree Assault, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 immediately. Together, we can protect your future.
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