2nd degree assault is a crime in Colorado that involves purposefully hurting someone. While these can be mild or non-serious injuries, it is still a felony charge. Just last week, a 90s sitcom star was arrested after allegedly strangling his girlfriend and taking her phone to prevent her calling for help. When disputes such as these involve some type of current or past intimate relationship, a domestic violence enhancement can apply as well. If you or someone you know is facing allegations like this, exercise your right to remain silent and consult a Colorado domestic violence assault lawyer today.
Colorado Second-Degree Assault Law
Colorado’s 2nd degree assault law prohibits specific acts of violence that result in injury. CRS 18-3-203 defines acts specific to assault in the second-degree throughout Colorado. You commit this violent crime in Denver, Colorado Springs, or Aurora if you:
- intentionally cause injury or recklessly cause serious injury to another using a deadly weapon,
- purposefully cause a physical or mental impairment (causing unconsciousness or drugging someone),
- intentionally hurt a police officer, firefighter, or EMT,
- injure another by suffocating or strangling them,
- or use physical force against a court / correctional facility employee or emergency responder
If at some point you had an intimate relationship with the alleged victim, domestic violence enhancers often result. This can be a current romantic partner, an ex, or a co-parent. While relationships can be complicated at times, physical altercations can prove to be especially costly.
2nd Degree Assault Penalties in Colorado
While each assault case is different, those that involve domestic violence come with immediate consequences. Both a mandatory arrest and protection order apply throughout Denver, Colorado Springs, and Aurora, even if the victim wants neither to occur. As the case unfolds, defendants are prohibited from having contact with the victim, drinking alcohol, and are often not allowed to return home. The potential consequences of conviction for second-degree assault in Colorado include:
- 2 – 6 years in the Colorado Department of Corrections,
- a minimum fine of $2K
In some DV cases, the protection order can be extended and the defendant can be required to successfully complete a domestic violence treatment program. Felony convictions can also significantly hinder employment opportunities and block the ability to obtain certain professional licenses.
Experienced Colorado Assault Attorneys
An allegation of assault can significantly impact your future. Intentionally causing injury can result in prison time, high fines, and a damaging criminal record. Furthermore, domestic violence add-ons complicate the matter. Securing an experienced Colorado assault attorney early on has many benefits and can lead to a better outcome. Perhaps you were acting in self-defense, there was a lack of intent, or the victim did something especially provoking. That said, contact our office today to speak with a skilled criminal lawyer. We will carefully analyze your unique situation and suggest next steps in your defense.
Don’t talk to the police about domestic violence assault – talk to us. O’Malley and Sawyer, LLC 303-731-0719.
Photo by Charl Folscher