Second Degree Assault is one of the most aggressively prosecuted violent felonies in Weld County, and many people are stunned to learn how quickly a misunderstanding, bar fight, or self-defense situation can turn into a mandatory prison case. Law enforcement agencies in Greeley, Windsor, Evans, Fort Lupton, Firestone, Frederick, Mead, Erie, Severance, Eaton, and throughout unincorporated Weld County frequently arrest on Second Degree Assault charges when injuries are reported or even simply alleged.
As Greeley criminal defense attorneys, we regularly see people pulled into the system over chaotic situations where the full story is unclear. Understanding how Second Degree Assault is handled locally is essential to protecting your rights.
Weld County Assault Attorney: How Colorado Defines Second Degree Assault
Under C.R.S. § 18-3-203, Second Degree Assault includes a wide range of conduct. Many people are surprised at how easily a felony can result from a fast-moving or emotional situation.
You may be charged in Weld County if police believe you:
- Used a “deadly weapon” to cause bodily injury
This includes obvious weapons like guns or knives, but also everyday objects used in a way that could cause serious harm:
- Bottles
- Tools
- Flashlights
- Vehicles
- Intentionally caused “serious bodily injury”
Broken bones, disfigurement, or injuries posing risk of death fall under this category.
- Choked or strangled someone
Weld County prosecutors take strangulation allegations extremely seriously—even when visible injuries are minimal.
- Drugged someone without consent
Even without physical injury.
- Injured a peace officer, firefighter, EMT, or other protected-class individual
Even minor injuries reported by officers can lead to felony Assault charges.
Where Second Degree Assault Cases Are Handled in Weld County?
Second Degree Assault charges are prosecuted at:
Weld County Courthouse (Main Courthouse)
901 9th Ave.
Greeley, CO
The case typically begins with an arrest or warrant, followed by advisement, bond hearings, discovery, negotiations, and, if needed, trial.
Common law enforcement agencies involved:
- Greeley Police Department
- Weld County Sheriff’s Office
- Windsor Police Department
- Evans Police Department
- Frederick, Firestone, and Fort Lupton Police Departments
- Erie Police Department
- Severance, Eaton, and Kersey Police Departments
- Colorado State Patrol (especially in vehicle-related incidents)
Why Second Degree Assault Is So Serious in Weld County: A Greeley Assault Attorney Explains
Although classified as a Class 4 felony, many forms of Second Degree Assault are charged as Crimes of Violence (COV) in Weld County. This dramatically increases sentencing exposure.
Colorado Crime of Violence Mandatory Sentencing in Greeley
If the DA adds a COV enhancement very common in officer-injury, and weapon cases, the judge must impose:
- Mandatory prison
- No probation option
- Enhanced sentence of 5 to 16 years in the Department of Corrections
This applies even to first time defendants with no criminal history.
Common Situations That Lead to Second Degree Assault in Weld County
We frequently see charges arise from:
- Bar and restaurant fights in Greeley, Windsor, and Evans
- Domestic incidents involving alleged strangulation
- Altercations with police where an officer claims injury
- Self-defense situations where one party ends up injured
- College-area incidents involving UNC students around Greeley
- Road rage or vehicle related confrontations
Many cases begin with limited information, conflicting accounts, or alcohol involvement which can lead officers to err on the side of arrest.
Penalties for Second Degree Assault in Weld County
Depending on the circumstances, penalties may include:
Class 4 Felony (Non-COV):
- 2–6 years in prison (up to 12 if aggravated)
- $2,000–$500,000 in fines
- Mandatory parole
Class 4 Felony (Crime of Violence):
- 5–16 years in prison
- No eligibility for probation
Additional consequences:
- Permanent violent felony record
- Loss of firearm rights
- Immigration consequences
- Career and licensing barriers
- Long-term protection orders
Common Defenses to Second Degree Assault in Greeley
Strong defenses often depend on early investigation and the evidence available.
- Self-defense or defense of others
Colorado law allows reasonable force to prevent harm. Many felony assaults stem from legitimate self-defense scenarios.
- Lack of intent
Not all injuries are intentional. Many subsections require proof of intent, and accidental harm may not qualify as Second Degree Assault.
- Injury level is overstated
Broken bones or severe injuries must meet legal definitions. Prosecutors sometimes overcharge based on early medical reports.
- Object was not actually a “deadly weapon”
This can be a critical dispute in weapon-based assault cases.
- Conflicting statements or unreliable witnesses
Alcohol, stress, and confusion frequently distort accounts of what happened.
- Body-worn camera, surveillance, or cellphone videos
Footage from Greeley bars, gas stations, residences, or public streets often contradicts initial allegations.
Why You Should Hire a Weld County Assault Defense Lawyer
Weld County prosecutors are known for taking an aggressive approach to violent crime. Having an attorney involved early can help:
- Challenge Crime of Violence enhancements
- Preserve critical video evidence
- Interview witnesses before memories fade
- Prevent overcharging
- Negotiate reductions to lesser offenses (e.g., Third Degree Assault)
- Strengthen a self-defense claim
The earlier a defense strategy begins, the better the potential outcome.
If you or someone you love has been charged with 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 to schedule a free initial consultation. Together, we can protect your future.
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