Second-degree assault charges in Colorado carry some of the most severe penalties in the state’s criminal code. Under CRS 18-3-203, a person can face felony assault in the second degree when they intentionally cause bodily injury to another person using a deadly weapon, or when serious bodily injury results from any assault. Prosecutors in Denver, Arapahoe County, Jefferson County, and throughout the Colorado Front Range aggressively pursue these charges, and a conviction can result in mandatory prison time.
At Shazam Kianpour & Associates, P.C., our Denver assault defense attorneys have defended thousands of clients facing felony assault charges across Colorado. The difference between a second-degree assault conviction and a favorable resolution often comes down to the strength of your legal representation. We understand what is at stake and are prepared to fight for the outcome you need.
Felony assault in the second degree is classified as a class 4 felony in Colorado. Because it is also designated as both an extraordinary risk crime and a Crime of Violence (COV), the sentencing guidelines are significantly harsher than those for standard felonies. Under CRS 18-1.3-406, a conviction for second-degree assault carries a mandatory minimum prison sentence of five years and a maximum of 16 years in the Colorado Department of Corrections, followed by a three-year mandatory parole period.
According to Colorado’s Division of Criminal Justice quarterly crime trends report, aggravated assault remains the most common violent crime in the state. The broad definition of “deadly weapon” under Colorado law means prosecutors can elevate what might otherwise be a third-degree misdemeanor assault charge to a second-degree felony if a weapon was allegedly involved or if a serious bodily injury occurred. Even common objects can be classified as deadly weapons depending on how they were used during the incident.
In many cases, the difference between a misdemeanor and felony assault charge comes down to a doctor’s willingness to sign a serious bodily injury form presented by law enforcement. A typical altercation outside a bar or sporting event can quickly escalate from a misdemeanor to a felony based on medical documentation alone, resulting in high bail amounts and restrictive bond conditions such as ankle monitoring or mandatory relocation from your home if domestic violence allegations are attached to the charge.
Yes, probation is a possible outcome for second-degree assault charges in Colorado, but it requires a criminal defense attorney who understands how to negotiate effectively with prosecutors and present compelling mitigating circumstances to the court. Because second-degree assault is classified as a Crime of Violence, the presumptive sentence is prison, and the burden falls on the defense to demonstrate why probation is appropriate.
Our criminal defense lawyers have defended many people charged with felony assault who never intended to harm anyone. Perhaps someone at a bar was aggressive toward your family and you were trying to de-escalate the situation. Maybe a mutual fight resulted in a broken bone that elevated the charge from a misdemeanor to a felony. In many of these cases, our clients were acting in defense of themselves or others when the incident occurred. Law enforcement often charges first-degree and second-degree assault alongside third-degree misdemeanor assault charges on the same case, hoping one of the charges will result in a conviction at trial.
When probation is on the table, presenting factors such as no prior criminal history, evidence of provocation, and willingness to complete anger management or other programs can make a meaningful difference in the outcome. Our team at Shazam Kianpour & Associates, P.C., knows how to build these arguments effectively in Denver, Adams County, Boulder County, and courts across the Colorado Front Range.
Second-degree assault charges can be defended through several legal strategies depending on the circumstances of your case. Self-defense is one of the most common and effective defenses when you can demonstrate you reasonably believed force was necessary to protect yourself from imminent harm. Defense of others applies in situations where you used force to protect a family member or another person from an aggressor.
An identity defense may apply when a fight involves multiple people and law enforcement arrested the wrong individual. In these situations, witness testimony and surveillance footage can be critical to establishing you were not the person responsible for the alleged injuries. Each violent crime case in Denver, Jefferson County, and Adams County presents unique facts, which is why consulting with a criminal defense attorney who can review the police reports and compare them to your account of events is essential.
Our attorneys investigate every aspect of your assault charges, interview witnesses, review medical records that form the basis of serious bodily injury allegations, and identify weaknesses in the prosecution’s case. The criminal defense attorney you hire does not need to be located in the county where you were charged. Our main office is in Denver because it is centrally located, but we have defended battery and assault charges in courtrooms across Colorado.
If you or someone you care about is facing second-degree assault charges in Denver or anywhere in Colorado, Shazam Kianpour and our team of criminal defense attorneys are ready to fight for your future. With a proven track record of obtaining favorable plea agreements and jury verdicts in felony assault cases, we bring the courtroom confidence and negotiation ability your case demands.
Your defense begins here. Contact us today for a free consultation and speak with one of our Denver assault defense attorneys at (303) 825-1075. We are available to take your call day or night.
