Assault charges can be complex. There is a lot at stake in assault cases, so it is important to understand exactly what you are dealing with. It can be difficult to wade through all the legal jargon you find online. That's where we come in. In today's simplified law blog post, we're going to discuss Second Degree Assault charges in Denver, Arapahoe, and Broomfield County, and across Colorado. We'll give you a simple definition of the crime, common examples of how it is charged, and discuss what you should do if you've been contacted by the police.
The Lawyer's Definition of 2nd Degree Assault
The legal jargon:“
(1) A person commits the crime of assault in the second degree if:
(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; or
(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer or firefighter from performing a lawful duty, he or she intentionally causes bodily injury to any person; or
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or
(e) For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or
(f) While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or, while lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child, he or she knowingly and violently applies physical force against a person engaged in the performance of his or her duties while employed by or under contract with a detention facility, as defined in section 8-8-203 (3), or while employed by the division in the department of human services, responsible for youth services and who is a youth services counselor is in the youth services worker classification series, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender; except that, if the offense is committed against a person employed by the division in the department of human services responsible for youth services, the court may grant probation or a suspended sentence in whole or in part, and such sentence may run concurrently or consecutively with any sentences being served. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence form a detention facility, as defined in section 18-8-203 (3), and who is required to report back to the detention facility at a specified time shall be deemed to be in custody.
(f.5) (I) While lawfully confined in a detention facility within this state, a person with intent to infect, injure, harm, harass, annoy, threaten, or alarm a person in a detention facility whom the actor knows or reasonably should know to be an employee of a detention facility, causes such employee to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including but not limited to throwing, tossing, or expelling such fluid or material.
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The Simplified Definition of 2nd Degree Assault
The simple version:“
A person commits the crime of second degree assault in the following circumstances:
- With the intent to cause bodily injury to another person, they cause such injury using a deadly weapon.
- With the intent to prevent a peace officer or firefighter from performing their job, they intentionally cause bodily injury to any person.
- Recklessly (consciously disregarding a substantial and unjustifiable risk) causing serious bodily injury to another person using a deadly weapon.
- Using a drug, substance, or other preparation which is capable of producing mental impairment, injury, stupor, or unconsciousness for a purpose other than lawful medical treatment.
- A person applies violent physical force against a peace officer, firefighter, or emergency medical provider while engaging in his or her duties.
- With the intent to infect, injure, harass, harm, annoy, threaten, or alarm an employee of a detention facility, a person in lawful confinement causes the employee to come into contact with bodily fluid, such as urine, feces, mucus, vomit, etc., or any other hazardous material by spitting, throwing, tossing, etc.
The Definition of Bodily Injury in Colorado
When you hear the term ‘bodily injury,' one might think someone has sustained serious harm. But, according to Colorado statute 18-1-901, ‘bodily injury' is much vaguer. It is defined as:
“…physical pain, illness, or any impairment of physical or mental condition.”
In most cases, this is interpreted in Adams, Douglas, or Boulder County court as when a person “feels pain.” Obviously, this is an extremely relative definition, because each person has a different pain tolerance. To make it even more imprecise, the words “mental condition” are included. All this inexact language leads to many overblown charges in Colorado.
How Serious Bodily Injury Differs from Bodily Injury
Serious Bodily Injury (SBI) differs from Bodily Injury, according to the statute. Serious bodily injury includes any injury involving a “substantial risk of death…serious permanent disfigurement…protracted loss or impairment of the function of any part or organ of the body.” Generally, it is charged when someone suffers a break, fracture, a second or third degree burn, or the injury results in scarring.Your Content…
Examples of Second Degree Assault Charges
Image Credit: Pixabay – Qywee
Michael never meant to punch the man at the bar. Things had gotten out of hand quickly. It all started when Michael and his friend Joe decided to visit a bar in downtown Littleton. The two had a couple of beers, but weren't drunk at all. Three guys at the bar they didn't know took a dislike to Michael and Joe – maybe it was because they were drinking much more and had gotten all riled up. Regardless, it all started when one of the men taunted Joe. Michael didn't like his friend being insulted, so he confronted the man, who sneered and swore in his face while threateningly raising his fist. Without thinking, Michael retaliated by punching the man in the stomach, fracturing one of the man's ribs. Because the man suffered a fracture, Michael is now facing Second Degree Assault charges in Jefferson County.
Image Credit: Pixabay – monkeyparty
Lack of Respect
Jake got involved with the wrong crowd. He was arrested after driving the getaway car for his friends who started burglarizing homes in Colorado Springs. He was adjudicated for Accessory to Burglary in El Paso County, and is now confined in the Spring Creek Youth Services Center Detention Facility. One day, while playing basketball at the facility, a detention center employee who Jake clashed with walked by and said something condescending. This had gone on for months, and Jake was frustrated. He lashed out, and spit in the direction of the man, who was walking away. Unfortunately for Jake, the employee turned back, and Jake's spit hit the man full in the face. Because Jake caused the employee to come into contact with bodily fluid, he is now facing 2nd Degree Assault charges.Fight to protect your future by working with an experienced defense attorney.
Why You Need a Lawyer for Second Degree Assault Charges
If you've been contacted by the police regarding charges of Assault in the Second Degree, don't hesitate to contact one of our expert criminal defense lawyers. 2nd Degree Assault charges range from a class 6 felony to a class 3 felony, so time in the Colorado Department of Corrections is a possibility. Don't plead guilty to avoid this prison time – you'll regret it later when you are unable to seal your record. A criminal record can have a negative effect on your ability to get a job or find housing. Fight to protect your future by working with the best criminal defense lawyer in the Denver area – we aggressively and passionately defend each and every one of our clients. Often, our early involvement in the case, interviewing key witnesses, and retaining expert witnesses, leads to a dismissal, acquittal, not-guilty verdict, or favorable plea agreement. Go into the courtroom prepared – have a skilled defense attorney from the O'Malley Law Office advocating on your behalf.
Get Help Now
If you or a loved one is facing Second Degree Assault charges, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at303-830-0880. Together, we can protect your future.Request a Free Consultation