What is Second Degree Assault?

Categories: Criminal Defense

Second Degree Assault

Experienced Criminal Defense Attorney Defending Clients Accused of Second Degree Assault in Western Colorado

In the state of Colorado, assault can be charged as first, second, or third-degree assault. First-degree assault is the more severe and often carries harsher penalties. Third-degree assault is not as severe. Second-degree falls somewhere in the middle, and takes on tougher penalties than third-degree, but not as serious as a first-degree conviction.

Regardless, second-degree assault charges are serious. Therefore, if you are arrested for assault and being charged with second-degree assault, you must speak with an attorney as quickly as possible.

Second-Degree Assault in Colorado

Second-degree assault, per Colorado Revised Statute 18-3-203, is an act that is committed with the intention of causing bodily injury to another person or causes injury while using a deadly weapon. Also, reckless behavior that is known to cause an injury and does so using a deadly weapon could be considered second-degree assault.

6 Instances that Might Result in a Second-Degree Assault Charge

  1. You intentionally cause bodily harm to another person by using a weapon.
  2. You recklessly cause injury to another person while using a deadly weapon.
  3. You intended to cause bodily injury and succeeded.
  4. You cause bodily injury to anyone while preventing a firefighter, paramedic, police officer, or another public servant from doing his or her job.
  5. You apply physical violence force to a paramedic, police officer, firefighter or another public service professional while they are attempting to perform their job duties.
  6. You intentionally drug someone without obtaining consent from that person.

Mandatory Prison Sentence for Crimes of Violence

The state of Colorado does not take violent crimes lightly. Therefore, if your crime falls under the “crime of violence” category, you have a mandatory minimum prison sentence if convicted. The judge must assign this sentence to the presumptive sentence range. The minimum sentence range for a second-degree assault case is five years.

The Class of Felony Matters Too

While you might be charged with second-degree assault, there are classes of felonies. For example, a crime that is done in the heat of passion might be filed as a Class Six Felony; instead of a Class Four Felony. Therefore, your possible penalties are reduced even if you were convicted or you plead guilty in court.

Can You Defend Yourself Against Second-Degree Assault?

Yes, you can. However, coming up with a viable defense strategy takes vast knowledge of the statute, case law, and the facts of your case. That is why it is best that you hire a Colorado criminal defense attorney to represent you.

Some possible defenses to second-degree assault charges include:

  • Self-defense
  • Use of force was authorized as part of your job
  • Assault was necessary to avoid public or private injury
  • You were forced under duress
  • You were entrapped
  • There was no intent to cause harm present

Speak with a Colorado Criminal Defense Attorney Today

Whether you have been officially charged or you are just being questioned about an assault case, it is imperative that you speak with a criminal attorney regarding your case. The sooner you bring in an attorney, the better it will be for your case.

Contact Mark S. Rubinstein, P.C. today to discuss your case and receive a free consultation. Call the office at 970-704-0888 or request more information online.

Mark Rubinstein

Attorney Mark S. Rubinstein has been practicing law for more than 30 years, including 25 years in Colorado. He founded Mark S. Rubinstein, P.C., in Carbondale after working for law firms in Denver and earlier in his career in San Diego. He focuses his practice in the areas of criminal defense and personal injury representation, and he is well known throughout western Colorado as an effective and unwavering advocate for his clients.