Assault in the Second Degree, C.R.S. 18-3-203, is often charged at the Weld County Courts not just as a felony offense, but also as an Extraordinary Risk crime. This is charged specifically when the defendant is accused of impeding the victim’s airway (strangulation), intending and causing non-serious bodily injury. If convicted, the defendant could face a maximum of 8 years in the Colorado DOC – 2 years more than the maximum in the normal presumptive range for a class 4 felony. If you have been charged with Second Degree Assault, especially as an Extraordinary Risk crime, don’t wait to contact the best Assault lawyers at the O’Malley Law Office today.
1. Colorado Law on Assault in the Second Degree, C.R.S. 18-3-203
Colorado’s law on Assault in the Second Degree, C.R.S. 18-3-203, when charged as an Extraordinary Risk crime, is as follows:
This specific act of Second Degree Assault is charged for impeding another person’s airway by blocking their nose or mouth, or applying pressure to their neck. In addition, the defendant must have intended to cause non-serious bodily injury – e.g., bruising instead of a traumatic brain injury – and the result must have also been non-serious bodily injury. If the defendant intended and caused serious bodily injury, they would instead be charged with Assault in the First Degree, C.R.S. 18-3-202.
2. What are Extraordinary Risk Crimes at the Weld County Courts?
The Weld County Courts regard Extraordinary Risk crimes as those that pose significant risk to both the intended victim and to society as a whole. When a defendant is convicted of an Extraordinary Risk crime, the maximum sentence to the Colorado DOC increases by several months or even years. As an example, class 6 felonies are normally punishable by up to 1.5 years in the DOC, but Extraordinary Risk class 6 felonies are instead punishable by up to 2 years.
Assault in the Second Degree is an Extraordinary Risk crime when the defendant is accused of rendering non-serious bodily injury to another by means of strangulation or asphyxiation. If convicted, the Weld County Courts may impose a longer Colorado prison sentence on the defendant than the normal presumptive range normally allowed for a class 4 felony.
3. Penalties for Extraordinary Risk Second Degree Assault in Greeley, CO
Penalties for Second Degree Assault as an Extraordinary Risk crime in Greeley, CO include:
- 2 – 8 years in the Colorado DOC (the maximum for a class 4 felony is normally 6 years)
- 3 years of parole upon release from prison
- Fine of $2,000 – $500,000
- Restitution, if applicable
- Relinquishment of all firearms and ammunition
- A criminal record that is ineligible for sealing
If you have been charged with Assault in the Second Degree as an Extraordinary Risk crime, it is imperative that you contact a top criminal defense lawyer as soon as possible to represent you at the Weld County Courts. Understand that conviction of this offense can have repercussions on several aspects of your life for years to come – especially given that it will be on your criminal record for the rest of your life. Contact us today so that we can represent you. If dismissal is not an option, we will fight to attain the best possible plea bargain on your behalf so that you can maintain your freedoms as much as possible.
Have you been charged with Assault in the Second Degree? Be smart, and exercise your right to stay silent. Then call 970-616-6009 to discuss your case with a top Weld County Assault lawyer from the O’Malley Law Office today. 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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