Have you been charged with Assault in the Second Degree and Domestic Violence enhancer in Weld County? If so, you will need the best criminal defense lawyer to defend you at the Weld County Courthouse. Recently in Arapahoe County, Colorado, the chief of police was arrested on Second Degree Assault and DV charges after he allegedly punched, slapped, and choked a woman to the point of unconsciousness. If convicted, he could be sentenced to several years in a Colorado prison, mandatory Domestic Violence treatment, and several other penalties. If you have been charged with 2nd Degree Assault as a DV crime, don’t wait, and contact a top criminal defense lawyer as soon as possible.
Colorado Definition of Assault in the Second Degree, C.R.S. 18-3-203
Assault in the Second Degree, C.R.S. 18-3-203, is defined in Colorado as:
(1) A person commits the crime of assault in the second degree if:
(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or
(c.5) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person; or
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or
(e) For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm
Assault is divided into three different criminal charges based on criminal intent and severity of bodily injury inflicted. Assault in the Second Degree is a more severe charge than Assault in the Third Degree because it generally involves knowing / intentional conduct or serious bodily injury. However, it is not as serious as Assault in the First Degree, which always involves acting intentionally or knowingly to cause serious bodily injury to another, especially with a deadly weapon.
In the above story, the man did not use a deadly weapon, but he was charged with Second Degree Assault because he acted knowingly and rendered non-serious bodily injury to the alleged victim.
Legal Definition of Domestic Violence, C.R.S. 18-6-800.3 in Greeley, Colorado
The legal definition of Domestic Violence, C.R.S. 18-6-800.3, in Greeley and across Colorado, is:
Domestic violence” means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
Domestic Violence / DV is not a criminal offense in and of itself. Rather, it is a sentence enhancer that increases the penalties of the original criminal offense if the defendant is convicted. DV can only be added if the defendant and alleged victim are or previously have been in an intimate relationship. So, if the police chief and victim in the story above had been in an intimate relationship at the time of the alleged assault, the police chief would be given a DV sentence enhancer.
Penalties for Assault in the 2nd Degree + Domestic Violence in Weld County
In Weld County, Assault in the 2nd Degree is generally a class 4 felony. With a DV sentence enhancer, penalties for this offense include DV treatment, 5 to 16 years in the Colorado Department of Corrections, a fine of $2,000 to $500,000, 3 years of mandatory parole upon release from prison, and restitution payments to the victim. These penalties are so severe in large part because 2nd Degree Assault is usually a crime of violence, which results in a longer sentence at the Colorado DOC. Domestic Violence further adds to these already stiff penalties by requiring that the defendant pay for and successfully complete DV treatment.
Why You Need the Best Windsor Criminal Defense Attorney
If you are facing Assault charges in Windsor – especially if you have also been given a Domestic Violence sentence enhancer – you need the best criminal defense attorney to defend you at the Weld County Court. A DV Assault charge can permanently impact your life. Our experienced criminal defense attorneys can protect your future by representing you at the Weld County Court. Don’t risk spending years of your life in prison and thousands in fines and restitution by trying to fight the courts with a public defender or inexperienced private attorney. Talk to a lawyer from the O’Malley Law Office with a track record of aggressively fighting for clients and protecting their futures at the Weld County Courts.
Have you been charged with Assault in the Second Degree and Domestic Violence? Be smart, and exercise your right to stay silent. Then get in contact with a criminal lawyer with decades of experience at the O’Malley Law Office today at 970-616-6009 to discuss your charges. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there
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