When someone puts their hands on another person's neck in an attempt to choke or strangle them, it is charged as Second Degree Assault – Strangulation in Denver, Arapahoe, and Douglas County. A restaurant owner is facing these charges after choking a customer who complained. According to the report, the customer was upset that her French fries were cold, so she complained. She alleged that the owner, unhappy with the complaint, came from around the counter and began to strangle her. The owner's version of event is a little different, saying that he only puts his hands on the woman to remove her from the restaurant, and never choked her.
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Jefferson County 2nd Degree Assault Lawyer: Definition of Second Degree Assault Strangulation in Adams County
The Jefferson and Adams County, Colorado law definition of Assault in the Second Degree as it relates to Strangulation – C.R.S. 18-3-203 – is:
“(1) A person commits the crime of assault in the second degree if:
(i) 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.”
All someone would have to say is that a person put their hands on their neck and squeezed or applied pressure in order to charge this crime.
Sentence for Assault in the 2nd Degree is Douglas County
As a crime of violence and an extraordinary risk crime in Douglas County, Assault in the 2nd Degree is punishable by an extended sentencing range. Under the strangulation subsection, Second Degree Assault is a class 4 felony, which is punishable by 5 to 16 years in the Colorado Department of Corrections. While the 2nd Degree Assault statute has many subsections, some are punishable by a mandatory sentence to prison, meaning probation or community corrections are not an option. Consult with an experienced criminal defense attorney if you have been charged with this serious crime to see what potential sentence you are facing and how we can help.
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If you or a loved one has been charged with Second Degree Assault, be smart, exercise your right to remain silent, and contact the best Assault criminal defense attorneys from the O'Malley Law Office at 303-830-0880 today. Together, we can protect your future.Request a Free Consultation
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