Second Degree Assault in Denver, Colorado, Often Involves Mandatory Prison
This Colorado crimes is defined at C.R.S. 18-3-203, and typically involves the use of a deadly weapon, serious bodily injury, or bodily injury to a police officer, in Denver County, Adams County, Arapahoe County, Jefferson County, Douglas County and other Colorado counties. Regardless of where you are in Colorado, due to the potential for mandatory prison associated with this crime, you must quickly involve an experienced trial attorney.
The elements of Assault in the Second Degree which the government must prove in order to obtain a conviction at trial include:
- With intent to cause bodily injury, a person causes such injury with a deadly weapon, or
- With intent to prevent a peace officer or firefighter from doing their job, a person intentionally causes bodily injury to anyone, or
- A person recklessly causes serious bodily to another by means of a deadly weapon, or
- A person causes stupor, unconsciousness, or other impairment by drug or substance, or
- A person violently applies physical force against a judge or jailer, or threatens to infect a jailer
Since these charges involve bodily injury with a deadly weapon or serious bodily injury with a weapon, the person charged will often be facing mandatory minimum prison time of many years. Our office typically sees charges of this type in Arapahoe County and Denver County, Colorado, when a firearm or knife is involved. The use or threat of a knife can also trigger this serious charge. Because this charge is generally a class 3 felony in Colorado, prison is a common result if a conviction is obtained by the District Attorney. When serious bodily injury is involved, most government officials will approach this case with an eye toward some type of prison whether authorized by the statute under C.R.S. 18-3-203, or by plea agreement to a less serious charge.
Because of the mandatory sentencing associated with this charge, it is imperative that you involve an attorney as soon as possible with this Colorado charge. In Weld County, Larimer County and other Colorado counties, much of the evidence necessary to defendant a person accused of this offense will be lost with the passage of time. It is essential to have our criminal investigator at the scene of the crime to talk with witnesses and gather evidence. It is equally critical that the accused make no statements to the police. You will greatly undermine a Colorado attorney's ability to defend you if you speak with the police in Jefferson County, Eagle County, Summit County or any other Colorado county. With quick involvement, we have been able to keep our clients out of prison. The general rule is that a strong defense early on will result in dismissal of the charges, a non-prison sentence plea agreement, or an acquittal at trial. We will never quickly suggest a plea agreement, but in the event one is absolutely necessary, we will do our utmost to ensure that you receive the best possible agreement to protect you and your family.
If you or someone you know is involved in any kind of altercation in Weld County, El Paso County, Denver County or another Colorado county where bodily injury might result, you must have an attorney involved immediately so we can successfully defend you. Our attorneys are experienced in working on serious felony matters and we have contacts with investigators who will thoroughly investigate your case. So, be smart, exercise your right to remain silent and call the O'Malley Law Office immediately at 303-731-0719. Together, we can protect your future.
