Contact Us to Request a Free Consultation 303-830-0880

Blog

Dillon and Summit County Assault in the Second Degree Attorney | Man Faces 2nd Degree Assault Charges by Strangulation

Posted by Terry O'Malley | Oct 17, 2016 | 0 Comments

Aman in Summit County, Colorado faces felony Assault charges after allegedly choking a woman. The woman told police the man hit her in the face, grabbed her by the neck and began choking her. The woman was able to escape and find help at a grocery store in Dillon, Colorado. Police who interviewed the woman reported she had a swollen and bloody lip. In Dillon, Summit County and everywhere else in Colorado, the man would face Assault in the Second Degree and Assault in the Third Degree charges.

Facing 2nd Degree Assault charges?

Get Help Now!

Assault in the Second Degree in Adams County | Strangulation is Charged as a Felony in Colorado

Assault in the Second Degree, C.R.S. 18-3-203, is charged under many circumstances in Adams County, Colorado. As of this year, however, choking someone where bodily injury results is now charged under Second Degree Assault. According to C.R.S. 18-3-203(1)(i), someone can now face Assault in the Second Degree charges if:

“With the intent to cause bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury.”

Definition of Bodily Injury in Douglas County

C.R.S. 18-1-901 defines ‘bodily injury' in Douglas County as physical pain, illness, or any impairment of physical or mental condition.

Since the man grabbed the woman's neck and began choking her, which caused bodily injury to the woman, it would qualify as Assault in the Second Degree. Under this new Colorado law, strangulation or choking where bodily injury results is charged as felony Second Degree Assault. If serious bodily injury is the result of strangulation, Assault in the First Degree, C.R.S. 18-3-202, charges occur.

Assault in the Third Degree Charges in Denver County

The man could also face Assault in the Third Degree, C.R.S. 18-3-204, (or 3rd Degree Assault) charges for hitting the woman and causing bodily injury. One way Assault in the Third Degree charges occur in Denver County is if someone knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon. Assault in the Third Degree is a class 1 misdemeanor and an extraordinary risk crime.

Felony Second Degree Assault in Arapahoe County, Colorado

Assault in the Second Degree is either a class 6 felony, class 4 felony or class 3 felony in Arapahoe County and across Colorado. If Second Degree Assault is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 6 felony. If none of the above circumstances are present, it is a class 4 felony. If none of the above circumstances are present but the person who is assaulted suffered serious bodily injury during the commission or attempted commission of or flight from the commission or attempted commission of murder, robbery, arson, burglary, escape, kidnapping in the first degree, sexual assault, sexual assault in the first or second degree, or class 3 felony sexual assault on a child, it is a class 3 felony.

Second Degree and Third Degree Assault Jefferson County Attorney | Call Today

If you are facing charges of 2nd Degree Assault or Assault in the 3rd Degree in Jefferson County or anywhere else in Colorado, call the best criminal defense lawyers at the O'Malley Law Office right away. Involving one of our Assault lawyers early on may help you receive a better outcome in your criminal case. We will interview key witnesses, visit crime scenes to gather more evidence and analyze all evidence to show that it does not support the charges you are facing. Protect your future by acting quickly and calling one of our experienced criminal defense attorneys to defend you.

Get Help Now

If you or a loved one faces charges of Second Degree Assault or Third Degree Assault in Colorado, be smart and exercise your right to remain silent. Then, contact the best criminal defense attorneys at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation

Image Credit: FreeDigitalPhotos.net – Viacheslav Blizniuk

About the Author

Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Get Help Now

If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

Menu