In Greeley, Colorado, it is considered Assault whether someone causes another person “pain,” or whether they seriously injure another person. Within the past few days, two middle school students attacked another boy, putting him into the hospital. That boy was in critical condition. From the news article, it appears that two of the boys were first in a heated conversation, when one of the boys swings and hits the other in the head. Then another boy appears and hits the victim again. The 13 year old boy fell and his head hits the pillar behind him. The footage ends with the victim being hit again and laying on the ground. Arrests were made for the other Juvenile boys. Depending on the details of the injuries, this could classify as either Second Degree Assault or First Degree Assault. However, since this attack involves juveniles, the sentencing for these boys, if they are convicted, will likely not be as harsh as if they had been adults.
What is Second Degree Assault in Weld County, Erie and Milliken?
In Weld County, Milliken and Erie police officers regard Second Degree Assault, C.R.S. 18-3-203, as:
- 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
- He recklessly causes serious bodily injury to another person by means of a deadly weapon; or
- With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another.
The definition for deadly weapon involves the use of any object, including hands or feet, when the manner in which the object is used it is capable of producing death or serious bodily injury.
What is the Sentence for a Second Degree Assault Conviction in Longmont and Greeley?
In Longmont, Greeley and other cities in Weld County, Second Degree Assault can be sentenced as a felony. It can be either a class 6 felony, a class 4 felony, or a class 3 felony. It all depends on the details of the case and the health status of the victim. A class 6 felony is charged when the aggressor was caught in the Heat of Passion, and they just couldn’t control themselves like normal. If the Assault occurs under more typical circumstances, then it is considered to be a class 4 felony. However, if the victim suffered a serious bodily injury, brain damage, organ damage, loss of a limb, then it becomes a class 3 felony.
The penalties for these convictions can range anywhere from 1 year in DOC to 12 years in prison. If convicted, the aggressor would also face a fine, depending on the conviction class of felony, between $1,000 to $750,000. They would also have between 1 year and 3 years of mandatory parole to serve.
What are the Penalties for a Juvenile Assault Case in Erie and Evans?
In Erie and Evans, if a Juvenile is facing an Assault case, the penalties can vary. The juvenile can:
- Be placed with another relative deemed more suitable
- Face time in the Department of Youth Corrections (max of 7 years)
- Be given Probation or 45 days in detention
- Levied a fine or restitution to the victim
- Be placed with the Department of Human Services.
The penalties, and their severity, depend greatly on what the Juvenile did, if it was their first offense, and if the offense is considered violent. If your juvenile loved one is facing charges against them, make sure to protect them with an experienced Juvenile attorney.
ARE YOU ACCUSED OF A SECOND DEGREE ASSAULT IN GREELEY OR WELD COUNTY?
If you or a loved one are facing an allegation of Second Degree Assault, be smart and exercise your right to remain silent. Make sure to call the experienced Assault attorneys at the O’Malley Law Office.
Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer in Weld County and the Greeley area for a free consultation.
Together, we can protect your future.
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