In Weld County, Colorado, Assault in the Second Degree, C.R.S. 18-3-203, involves several more serious felony conduct which endangers the lives of others.  Assault in the Second Degree is charged when a person causes bodily injury with a deadly weapon or causes serious bodily injury to another, often intentionally.  This level of Assault is in contrast to the misdemeanor 3^rd Degree Assault which does not involve serious injury or a deadly weapon.  Because this charge is more serious than Assault in the Third Degree, it can result in much harsher sentences and penalties – including a lengthy Colorado prison sentence and thousands of dollars of fines.  This is warranted under Colorado law because Assault in the Second Degree is normally a crime of violence, and in some circumstances it is also an extraordinary risk crime. Crimes of violence involve laws for increased sentence ranges.

Weld County Assault in the Second Degree, C.R.S. 18-3-203

A person can be charged with Assault in the Second Degree, C.R.S. 18-3-203, in Weld County in one of several different ways.  These include:

• With intent to cause bodily injury, he or she causes such injury to any person with a deadly weapon.
• With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another.
• He or she intentionally causes bodily injury or serious bodily injury to another person with the intent of preventing a peace officer, firefighter, or emergency medical care provider from performing a lawful duty.
• He recklessly causes serious bodily injury to another person by means of a deadly weapon.
• While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer, firefighter, emergency medical care provider, judge of a court of competent jurisdiction, court officer, or employee at the detention center where the person is in custody.
• He or she, while lawfully confined or in custody and with the intent to infect, injure, harm, harass, annoy, threaten, or alarm an employee at the detention facility, causes the employee to come into contact with a bodily fluid (e.g., blood, urine, or seminal fluid) or any toxic or hazardous material.
• With intent to infect, injure, or harm a peace officer, firefighter, or emergency medical care provider, he or she causes the person to come into contact with a bodily fluid or any toxic or hazardous material.
• With intent to cause bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury.

Examples of Assault in the Second Degree, C.R.S. 18-3-203 in Greeley, Colorado

Some examples of Assault in the Second Degree, C.R.S. 18-3-203, in Greeley would be:

• Natalie pistol whips Anthony, fracturing his skull and causing a concussion.
• John is arrested and spits in the Greeley police officer’s face, knowing that he has COVID and could infect the officer.
• Randy is showing Helena his pistol when he accidentally discharges it, shooting Helena in the shoulder.
• Mike, who is serving time at the Weld County Jail, violently shoves a security guard up against the wall.
• Samuel grabs his wife by the neck and squeezes hard to the point that she loses consciousness, and has petechia in her eyes upon awakening.

These scenarios are not intended to be a comprehensive list of the ways a person may be charged with Assault in the Second Degree.  If you have questions based on the facts of your case, it is best that you contact a top Greeley criminal defense lawyer who can provide clarity and answers.

Greeley Sentences and Punishments for Assault in the Second Degree, C.R.S. 18-3-203

Assault in the Second Degree, C.R.S. 18-3-203, can be a class 6, class 4, or class 3 felony, depending on the circumstances.  See the table below for sentences and penalties for Assault in the Second Degree:

Each of the above penalties has a longer prison sentence than most felonies of the same class (with the exception of Assault in the Second Degree committed in the heat of passion).  This is because Assault in the Second Degree is a crime of violence, which means that the minimum and maximum prison sentence is extended. In addition, with many types of 2^nd Degree Assault, courts are required to sentence you under C.R.S. 18-1.3-406, which deals with Crimes of Violence.  Here, courts can sentence you to at least the midpoint in the presumptive sentence range, and up to twice the maximum in the presumptive range.  For example, in a class 4 felony 2^nd Degree Assault, you could be sentenced from 8 years to 24 years.

When Assault in the Second Degree is charged because a person suffocated or asphyxiated another, it is also considered an extraordinary risk crime in addition to being a crime of violence.  This can result in even greater penalties.  If you are facing Assault in the Second Degree charges for these circumstances, it is best to contact a leading criminal defense attorney who can advise you as to the potential time you could spend in a Colorado prison if you are convicted.

Hire a Leading Weld County Lawyer for Your Assault in the Second Degree Charge

The penalties for Assault in the Second Degree can be severe if you are convicted in Weld County.  Not only will you lose years of your life inside a Colorado prison and thousands of dollars to the Weld County Court, but you will also have to pay restitution to the alleged victim and be prohibited from owning firearms or ammunition ever again.  These penalties can be avoided, however, by hiring a leading criminal defense attorney to take on your charges.  An experienced criminal defense attorney can defend you against these charges at the Weld County Court and get the best possible outcome in your case.  Don’t wait to contact a top criminal defense attorney at the O’Malley Law Office who can take on your charges and protect your future.  The sooner you contact a leading criminal defense lawyer, the greater your chances of receiving the best possible outcome.