2nd-degree assault is the second most serious form of assault in Colorado. It is most often charged when a person uses a deadly weapon to injure someone else.
2nd-degree assault is less serious than 1st-degree assault, which is typically charged when an altercation results in severe bodily injuries, but is more serious than 3rd-degree assault, which occurs when a person intentionally or recklessly causes another person to suffer bodily injury.
2nd-degree assault is a Class 4 felony, punishable by up to six years in prison, three years of parole, and fines from $2,000 to $5,000.
To secure a conviction for 2nd-degree assault, the prosecutor must prove that the defendant committed one of the following acts:
2nd-degree assault is a complicated offense, and the charges will be determined based on the unique circumstances of your case. If you are facing 2nd-degree assault charges in Colorado, you need an experienced and aggressive lawyer to defend you.
To understand Colorado’s assault statutes, it is important to know the difference between bodily injury and serious bodily injury.
Bodily injury is defined as “physical pain, illness, or any impairment of physical or mental condition.”
Serious bodily injury involves a substantial risk of death and can include serious and permanent disfigurement, impairment of a body part or internal organ, broken or fractured bones, or burns of the second or third degree.
The use of a deadly weapon is another key component of a 2nd-degree assault charge. In Colorado, a deadly weapon can be:
There are generally three defenses to a 2nd-degree assault charge:
To prove self-defense or defense of others, you must present evidence that:
In most cases, 2nd-degree assault requires proof of intentional conduct or, at the least, that you acted recklessly. You can defend against a 2nd-degree assault charge by presenting evidence that you did not intend to injure the other person or that you caused the injury by mistake.
Heat of passion is another affirmative defense to 2nd-degree assault charges. To prove heat of passion, you must show that: