Second-Degree Assault Is A Felony In Colorado
Second-degree assault in Arapahoe County, Jefferson County, or any other county where felony assault is charged in Colorado, can be charged when a person causes bodily injury to another person and causes such injury to any person by means of a deadly weapon. Your intent and the fact that you never meant to cause injury is often not taken into account by police when charging assault in the second degree in Colorado. It is important to note that “deadly weapon” is a very vague and broad definition that district attorneys use liberally when deciding to charge people with second-degree assault in Denver.
The main difference between felony assault in the second degree and misdemeanor third-degree assault is either the fact that a weapon was used in the felony case or a serious bodily injury (SBI) occurred. Too often, doctors are willing to sign off on an SBI form that police put in front of them and all of a sudden, the typical bar fight or fight outside the stadium just turned into a felony. Now you have to post a very high bail amount to get out of jail.
As a condition of your bond, you may have to wear an ankle monitor, and sometimes you will have to move out of your home if the assault is charged as a charge of domestic violence. Assault in the second degree in Boulder, Adams, Arapahoe and all other counties in Colorado is a class 4 felony (F4). This felony charge can destroy your career, your family and your life. It is important to not take these charges lightly. Hiring an experienced assault attorney in Jefferson County can be the difference between your success and failure in defending assault charges.
My Boyfriend is Charged with Second-Degree Assault in Douglas County, is he going to prison?
Felony assault charges carry serious felony prison time, and this is not the time to be hiring inexperienced criminal assault lawyers and playing games with your future and your life. Most types of assault in the second degree in Adams County, Jefferson County, and all other Colorado counties can carry a minimum mandatory prison time of five years and up to a maximum of 16 years in the department of corrections (DOC) along with a three-year term of parole.
That is because felony assault is both an extraordinary risk crime and also a Crime of Violence (COV) in our state, and therefore the legislature has declared that if you are found guilty of felony second-degree assault in Broomfield County, Weld County, Boulder County and any other county in Colorado, then you should usually be punished according to the mandatory sentencing guidelines pursuant to CRS 18-1.3-406.
In short, consider hiring an experienced criminal defense attorney who has handled felony assaults in Colorado and perhaps you can avoid prison. At Shazam Kianpour & Associates, we have been in the trenches and received both the deals our clients need, and the jury verdicts that have saved lives. Call us today at 303-578-4036 and ask for a free consultation for your assault case.
I am charged with Second-Degree Assault in Arapahoe, can I get probation?
People make mistakes. Our criminal defense lawyers have defended many people who are charged with felony assault and never meant to harm anybody. Perhaps someone at the bar was harassing your girlfriend and you were just trying to get the person to go away. Maybe a police officer was aggressive and hurt you and all you did was try and stop the pain. Other times it was a mutual fight and somehow you got lucky with a punch and the other person broke a bone. Does this make you a bad person? Should it make you a felon? Does this mean you deserve prison time? Of course not.
We see assault in the second-degree charges in Boulder County, Denver County and other counties for a variety of reasons. Usually the person who was just trying to protect his or her family or loved ones is the person who is charged. Now you have to pay thousands to a bail bondsman just to get out of jail and then you are in danger of going right back to jail, or even worse, prison, and you didn’t even start the fight!
Is probation an option? Yes, if you hire an assault lawyer who knows how to speak to the prosecutor and who has handled these violent crimes before, then you have a better chance of getting probation. Many times we see third-degree assault charged on the same case as the second-degree felony assault and we understand why law enforcement has done that. They are hoping to file as many assault charges against you as possible so that one of them will “stick at trial”. Call us, come in and meet us, and you will understand what we mean when we say, “We are there for you”. Probation as an outcome for your case is not necessarily out of reach.
I have a Second-Degree Assault Charge in Denver, and I was injured. What are my Defenses?
Assault crimes can be defended multiple ways. Sometimes self-defense is an option. Other times it may be a case where you were defending others. Sometimes a fight breaks out and nobody knows who hit whom but you are the only person who was arrested and we may be able to show you were not even the right guy to charge. This is called an ID defense. Each assault case in Denver, Jefferson and Adams County is different which is why you should consult with a criminal lawyer.
The criminal attorney you hire does not need to live in or office in the County where you were charged. We have our main office in Denver because it is centrally located. However we travel all over the state of Colorado and have defended assault charges all across the state. The most important factors usually become apparent as your assault attorney goes through the police reports and compares them to your memory of events. We will investigate and fight your assault charges, talk to witnesses, and make sure we listen to you so that you have justice at the end of the day.
Contact Us Today!
If you or a loved one is charged with assault, and he or she is in jail with a high bond, call us today for a free consultation and we will be happy to visit anyone in jail for a nominal fee. Your defense begins here. Call and speak to Shazam or one of our experienced criminal assault lawyers today at 303 -825-1075.