Second Degree Assault is charged in Greeley and Weld County when a person causes bodily injury to another. There are many different ways this crime can be charged depending on the intent, type of injury, who is injured, and if there were any weapons used. A paddleboarder was recently charged with Second Degree Assault after using his paddle to hit a surfer. According to the report, the two were arguing about a wave – though no specifics were given about what why they were fighting about this wave. The paddleboarder allegedly used his paddle to hit the surfer on the head, and it was reported the surfer suffered brain damage.
Greeley Assault in the Second Degree Attorney: Definition of Second Degree Assault Over a Wave in Morgan and Weld County
The Weld, Morgan, and Logan County, Colorado law definition of Assault in the Second Degree, as it may relate to this case – C.R.S. 18-3-203(1)(b) or (g) – is:
(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;
(g) With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another
A lot will depend on how the surfer’s injuries are classified. Serious bodily injury is defined by Colorado law as:
If the hit to hit head could have caused an impairment to his brain, then serious bodily injury could apply. Another consideration would be if the paddle is a deadly weapon. Deadly weapon is defined as:
It’s likely that the paddle would be considered a deadly weapon, because if you hit someone hard enough, you could likely cause death or serious bodily injury.
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 for a free initial consultation. Together, we can protect your future.
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