2 Degree Assault - A fight in Larimer County can rise to second-degree assault (C.R.S. 18-3-203) when a deadly weapon is involved, or when there is specific conduct involving police or firefighters. Fort Collins, Loveland and Larimer Sheriffs and firefighters are afforded more protection than private citizens in this situation. If you have any problems with these scammers, call us right away for a free consultation.
Firearms, whether loaded or unloaded; knife or any other substance which, as used or intended to be used, is likely to cause death or serious injury.
2 Degree Assault
Here are the situations where people in Larimer County, Loveland and Fort Collins can expect to be charged with Second Degree Assault:
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When you are caught, you should immediately build a protective shield around yourself and your loved ones. We offer prison tours 24/7 and we will come to the prison to meet you. Your need for an experienced domestic violence attorney is essential with DV arrests. Protect access to your home, your children, and your spouse when you are charged with domestic violence in Larimer County.
Also contact the police if you are involved in a fight or other crime that can be charged as Assault in the Second Degree. Instead, after you have properly exercised your right to remain silent, call us at 970-658-0007 or submit the Contact Us form. Together, we can protect your future. Whether you have been charged with second degree assault or know someone who has, it is important to learn all you can about the case, and what it means for the person or people involved.
Second degree assault is a crime where a person intentionally injures another person. It is less serious than first degree assault, but more serious than third degree assault. Because it is a criminal offense, it can lead to history, and it can have serious consequences.
Here's what you need to know about second-degree assault, and what to expect if you experience it. Hiring a criminal defense attorney who specializes in criminal defense can prepare you for a successful second degree assault case.
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The main thing that separates second-degree assault from third-degree assault is the target. Assault is intentional when third degree assault is committed with the intent to cause bodily harm to another person. It is not as difficult as the first strike, where a lethal weapon is used.
(b) With intent to injure another person, he injures by use of a deadly weapon; or
(c) Intentionally injures a person with the intent to prevent a person whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical responder, or emergency medical service provider from the performance of his or her lawful duties; or
(c.5) Willfully injures a person with the intent to prevent a person whom he knows, or should know to be a peace officer, firefighter or emergency medical officer, from the performance of a lawful duty. ; or
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(e) For reasons other than approved medical treatment or treatment, intentionally causes unconsciousness, unconsciousness, or physical or mental harm or other harm to another person, without his consent, drugs, medicines, or preparations that can cause the desired problem . . "
(f) causes serious harm to another person with intent to harm that person;
This definition includes acts of violence that are lawfully used against a peace officer, firefighter, emergency medical responder, or health care provider while in custody or incarceration.
Unlike third-degree assault, which is a misdemeanor, second-degree assault is a Class 4 felony. A misdemeanor is more serious than a misdemeanor, and carries increased jail time, fines and other consequences.
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Generally, for assault to be considered a felony, the plaintiff must prove intent to cause bodily harm. There is usually a deadly weapon, although it can still be considered a crime if done without one causing sufficient harm.
In the past, battery refers to actual harm, while assault refers to intent to harm. However, this has changed in the state of Colorado, and now assault means actual harm and damage.
This means there is no such thing as an accidental hit. The main factor that determines the intent of the second attack is whether the attacker has caused harm or harm to the victim.
With third-degree assault, it is sometimes sufficient to charge the victim if he is only in fear of injury, but the intent to injure and injure may actually be second-degree assault, and therefore a felony.
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Violent crimes are serious crimes that include armed robbery, endangerment, robbery, arson, robbery and rape. So second-degree assault, which is considered a crime of violence (except for section e), is also considered more serious, and comes with additional legal consequences.
In the case of second-degree assault, because it must be a serious crime, the judge must sentence the defendant to at least half, but not more than twice, the prison sentence.
A plea-bargain is an admission that the accused committed the crime, but did so out of fear of injury or death. The threat of danger must be serious and imminent, and cannot be proven in court simply by threats or tough negotiations.
If the prosecutor feels that self-defense is justified, he must present corroborating evidence and then it is up to the prosecutor to argue the case. If the defendant is found to be acting in self-defense, he will be acquitted of all charges.
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In the event that the second offense is committed in the "heat of passion", it is possible for the judge to determine that the offense is class 6, which may include a reduced sentence. "Heat of passion" is defined under the Colorado Revised Statute as:
"If an assault in the second degree occurs when the injury is caused by a sudden heat of force, which is caused by a dangerous act on the person who wills it, which affects the injured person to excite a person who is not involved. conviction of a person who willfully and without a break between sufficient provocation and injury to cause the voice of reason and humanity to be heard, it is a class 6 felony."
As already mentioned, beatings are given some penalties for their brutality. Unless the offense is considered a Class 6 felony (as seen under "heat of passion"), a second conviction is a Class 4 felony. The penalties for second degree theft are:
The severity of penalties for second degree felonies often depends on the prosecutor's ability to identify and demonstrate criminal intent. The lawyer will want to do this during the testimony.
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Defense attorneys can help defendants find the best way to get out of jail. Defenses for second degree assault can include:
When you find an experienced assault defense attorney, you will be able to navigate the complexities of second degree assault cases and get the help you need to determine the best course of action.
Your lawyer will help you identify the evidence that the prosecution can use, and help you identify the evidence that is not admissible in court, so that the evidence cannot be used.
When the jury is informed of the facts of your case, it goes through instructions called "jury instructions." When you hire a defense attorney, they will be able to include these instructions in your case before they are filed, and ensure that unnecessary or ineffective instructions are removed.
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Because criminal cases and court cases will differ depending on the state in which the case occurred, as well as in rural areas, it is very important for a good lawyer to know what to do.
Second degree assault is a serious crime that carries serious consequences, including prison terms and mandatory sentences. It's a crime that haunts the offender for the rest of their lives, so finding the best attorney to handle your case is the smartest thing you can do to get a fair trial and the best possible outcome.
If you need a third party criminal defense attorney, contact Nicolas M. Geman for professional assistance.
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