Seasoned Denver Lawyers Providing Aggressive Defense Against Second-Degree Assault Charges
Second-degree assault (C.R.S. 18-3-203) is a serious charge in Denver and throughout Colorado, potentially resulting in years of imprisonment. This crime usually involves the injury of another person with the use of a deadly weapon. If you or a loved one is facing charges of second-degree assault, it is important that you contact an experienced criminal defense attorney immediately before giving your statement to the police.
At Sawyer Legal Group, LLC, our experienced criminal defense attorneys are exclusively dedicated to criminal defense. We bring in-depth knowledge and experience to every assault case we handle. The consequences of an assault conviction are life-changing, and working with a criminal lawyer who has a thorough understanding of the law and the Denver court system will protect your future. The consequences of an assault conviction are life-changing; don’t stand alone in front of a judge or jury.
Understanding Second-Degree Assault Charges Under Colorado Law
A person can face second-degree assault charges in Denver, Jefferson, Larimer and Arapahoe counties if they intentionally:
- Cause an injury to another person using a deadly weapon
- Cause serious bodily injury to that person or another
- Intentionally cause bodily injury by preventing a known police officer or firefighter from performing their lawful duty
- “Recklessly” cause serious bodily injury to another person using a deadly weapon
- Administer a drug that causes unconsciousness, stupor, or other physical or mental impairment without consent and for a reason other than a lawful medical treatment
- Apply physical force against a peace officer or firefighter while lawfully confined or in custody, such as after being charged with or convicted of a criminal offense
- “With intent to infect, injure, harm, harass, annoy, threaten or alarm” an employee of a detention center (if you are in prison) by causing them to come into contact with bodily fluids such as blood, urine, saliva, etc.
Unlike third-degree assault, second-degree assault charges focus heavily on the use of weapons, serious bodily injury or assaults against protected persons like police officers. The prosecution must prove specific intent in most cases.
What Actions May Constitute Second-Degree Assault?
Second-degree assault charges in Denver often arise from:
- Bar fights or altercations where someone is injured with a bottle, glass or other improvised weapon
- Domestic disputes that escalate to physical confrontation involving household objects
- Confrontations with law enforcement where an officer claims injury occurred
- Workplace conflicts that become physical
- Road rage incidents where drivers exit vehicles and engage physically
In Denver courts, prosecutors aggressively pursue these cases, particularly when the alleged victim is a peace officer or first responder.
Potential Legal Consequences Of A Second-Degree Assault Conviction
Courts may consider a second-degree assault to be anywhere between a Class 3 felony and a Class 6 felony in Denver and surrounding communities. It is a Class 3 felony if the assault occurred during the commission or attempt to commit another crime such as:
- Murder
- Robbery
- Burglary
- Arson
- Escape
- Kidnapping
- Sexual assault or sexual assault on a child
This can result in around four to 12 years in the Colorado Department of Corrections. Class 4 felonies may lead to two to six years, while Class 6 felonies can result in one year to 18 months of jail time.
If you use a weapon against another person or use a drug to limit their ability to retaliate, you will be charged with second-degree assault. A “deadly weapon” can be a gun or a knife but can also be a broken bottle or simply your fists. This charge is especially serious if you harmed a police officer or prison guard.
Strategic Defense From Our Attorneys At Sawyer Legal Group, LLC
Mandatory sentencing is associated with second-degree assault in Denver, Aurora, Lakewood and Castle Rock. It is vital that you contact an attorney as soon as possible if you have been charged. Much of the evidence that is needed for your defense can be lost as time progresses. We cannot stress enough the importance of the early involvement of a criminal defense attorney. In many cases, our attorneys will:
- Personally go to the crime scene to gather evidence
- Personally speak with witnesses
- Challenge the prosecution’s interpretation of “deadly weapon”
- Question whether injuries meet the legal threshold of “serious bodily injury”
- Investigate potential self-defense claims
- Examine whether proper procedures were followed by law enforcement
If you have been accused of second-degree assault after a bar fight or other incident in Denver, Weld, Logan or Morgan counties, contact a criminal lawyer immediately before speaking to the police. You limit our ability to defend you in court when you give a statement to the police. We will work to create a strong defense early on in the case in order to get your charges dismissed, work on a nonprison plea agreement or get you acquitted at a jury trial.
Work With A Trusted Second-Degree Assault Defense Attorney: Call Us Today
The criminal defense attorneys at Sawyer Legal Group, LLC, have been defending people accused of second-degree assault in Denver, Centennial and Lone Tree for over two decades. What sets us apart is our commitment to providing direct attorney access and our aggressive approach to investigating cases from day one. Call us today at 303-731-0719 or fill out our contact form here.
Related Links
- Learn more about first-degree assault
- Information about third-degree assault
