Assault in the second and third degree is a serious criminal offense in Loveland, Colorado that can lead to incarceration and other serious penalties. When you are facing criminal charges of this gravity, it is important you have a strong legal advocate in your corner. Attorney Sean P. Harrell combines his extensive experience as a Loveland criminal defense lawyer and a history as a former district attorney to know how to skillfully look at cases from both sides of the aisle. If you are facing assault charges, contact the Loveland assault attorney at The Harrell Law Firm, PLLC today to schedule a confidential consultation. Call (970) 791-2006 or contact us online to discuss your case.
What Is Second-Degree Assault?
Assault is unlawfully causing bodily injury to someone else. Colorado divides assault charges into different degrees. Second-degree assault (18-3-203 C.R.S.) in Colorado is intentionally causing serious injury without the use of a deadly weapon. This can include a variety of actions:
- Causing bodily injury to another person with a deadly weapon with the intent to do so
- Intentionally causing bodily injury while intending to cause serious bodily injury
- Recklessly causing serious bodily injury to another person with a deadly weapon
- Applying sufficient pressure to restrict breathing or blood circulation in another by applying pressure to their neck or blocking their nose or mouth with intent to cause bodily injury
- Intending to prevent a peace officer, firefighter, or emergency medical care provider from performing a lawful duty
- Intentionally drugging another person without their consent
- Knowingly and violently applying physical force against a peace officer, firefighter, emergency medical service provider, judge, or court officer engaged in performing their legal duties while in legal custody or confinement
- Causing a detention facility employee to come into contact with bodily fluids with the intent to infect, injure, harm, harass, or annoy them while in confinement in a detention facility
- Causing a peace officer, firefighter, emergency medical service provider, or emergency medical care provider to come into contact with bodily fluids with the intent to infect, injure, harm, harass, or annoy them
Second-degree assault is usually classified as a class 4 felony.
What Is Third-Degree Assault?
Assault is considered in the third degree (18-3-204 C.R.S.) if the defendant negligently causes injury with a deadly weapon. This can include any of the following actions:
- Knowingly or recklessly causing bodily injury to someone else
- Causing bodily injury to someone else with a deadly weapon with criminal negligence
- Causing a peace officer, firefighter, emergency medical service provider, or emergency medical care provider to come into contact with bodily fluids with the intent to infect, injure, harm, harass, or annoy them
Assault in the third degree is a class 1 misdemeanor.
Potential Penalties
A class 4 felony in Colorado can result in incarceration between two and six years, as well as a fine between $2,000 to $500,000. A class 1 misdemeanor is punishable by up to 364 days in jail and a fine of up to $1,000. These penalties can have a significant impact on your life, so it’s in your best interest to contact an experienced Loveland assault lawyer to learn about the defenses you can potentially mount.
Possible Defenses
There may be several defenses your Loveland assault attorney can assert to the charges against you, such as:
- Self-defense – The alleged victim may have tried to assault you first, which can give rise to a potential self-defense strategy.
- False accusations – The alleged victim may have lied and falsely accused you of assault.
- No intent – The offense may have been committed without the requisite intent described in the relevant part of the statute.
- Heat of passion – While the heat of passion defense does not eliminate your criminal responsibility, it could potentially reduce your sentence.
Contact the Loveland Assault Attorneys at The Harrell Law Firm, PLLC for Immediate Assistance
If you are facing second- or third-degree assault charges, it is crucial to seek immediate legal assistance to protect your rights and build a strong defense. The Harrell Law Firm, PLLC specializes in handling assault cases and has a proven track record of success. Their experienced Loveland assault attorney will provide you with personalized attention and expert guidance throughout the legal process. Don’t delay – contact The Harrell Law Firm, PLLC today to secure skilled representation and increase your chances of a favorable outcome in your assault case. Call us at (970) 791-2006 or reach out to us online for a case review