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.

What Is 2nd-Degree Assault?

To secure a conviction for 2nd-degree assault, the prosecutor must prove that the defendant committed one of the following acts:

• Intentionally caused bodily injury to another person using a deadly weapon;
• Intentionally caused bodily injury to another person;
• Recklessly caused bodily injury to another person using a deadly weapon;
• Tried to prevent a peace officer from doing their job, which resulted in another person suffering bodily injury;
• “Applied physical force” to a law enforcement officer while the officer is attempting to perform their duty; or
• Drugged another person without their consent.

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.

Understanding the Difference Between Bodily Injury and Serious Bodily Injury

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.

What Is a Deadly Weapon?

The use of a deadly weapon is another key component of a 2nd-degree assault charge. In Colorado, a deadly weapon can be:

• A firearm, even if it is not loaded;
• A knife or other blade;
• A club, such as a baseball bat; or
• Anything that could be used to cause death or serious bodily injury.

Defenses to Charges of 2nd-Degree Assault

There are generally three defenses to a 2nd-degree assault charge:

1. Self-defense or defense of others;
2. Lack of intent; and
3. Heat of passion.

Self-Defense or Defense of Others

To prove self-defense or defense of others, you must present evidence that:

• You believed the victim was using or threatening to use force against you or another person;
• You defended yourself with as much force as you believed was necessary; and
• Your belief was objectively reasonable.

Lack of Intent

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

Heat of passion is another affirmative defense to 2nd-degree assault charges. To prove heat of passion, you must show that:

• You were provoked by the victim;
• The provocation would have excited an irresistible passion in any reasonable person; and
• There was no sufficient interval between the provocation and the injury for you to calm down.

If you are facing 2nd-degree assault charges in Denver, contact criminal defense lawyer Kevin Cahill today by calling (720) 548-2990 to schedule a free consultation.