Fighting in Larimer County can quickly elevate to Second Degree Assault (C.R.S. 18-3-203) when a deadly weapon is involved, or where special conduct involving peace officers or firefighters is involved. Fort Collins, Loveland and Larimer Sheriff officers and firefighters are given more protection that private citizens under this crime. If you have any exposure to this crime, call us for a free consultation right away.
Larimer County Assault in the Second Degree Attoreny: Deadly Weapons
For purposes of Assault in the Second Degree, “Deadly Weapon” is defined as:
“A firearm, whether loaded or unloaded; a knife; or any other object that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.”
Fort Collins Second Degree Assault Lawyer – What are the Necessary Elements?
Here are the specific circumstances where people in Larimer County, Loveland and Fort Collins might expect to be charged with Second Degree Assault:
- With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
- “With intent to prevent” one whom he or she knows, or should know, to be a police officer or firefighter from performing a lawful duty, he or she intentionally causes bodily injury to any person; or
- “Recklessly” causes serious bodily injury to another person by means of a deadly weapon; or
- For a purpose other than lawful medical or therapeutic treatment, he intentionally causes unconsciousness, stupor, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or
- While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer or firefighter engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court. (there are mandatory consecutive sentences in DOC for this offense); (there are similar provisions for juveniles); or
- While lawfully confined in a detention facility, with intent to infect, injure, harm, harass, annoy, threaten, or alarm an employee of a detention center, cause such employee to come into contact with bodily fluids such as blood, urine, mucus, vomit, saliva, etc.
Boulder County 2nd Degree Assault Attorney: Mandatory Prison is Possible
Several of the provisions listed above require a mandatory sentence to the Department of Corrections. Young or old, this requirement is over the top considering how little and non-dangerous some of these law violations can be. For example, we recently defended a gentleman who was charged with this crime for resisting arrest while drunk and an officer hurt her finger while jumping on him. In an effort to protect police and firefighters, our legislature has once again thrown the baby out with the bathwater. Fortunately, some of our judges and prosecutors are sympathetic to the unnecessarily harsh applications this law can have.
Loveland Second Degree Assault Charges: Our Attorneys are Loyal to You
When evaluating a lawyer to get behind your case to protect you from this excessive law, count on our attorneys who have been defending good citizens like you for over twenty years. Don’t hire a former prosecutor who has spent years sending people to prison – they can’t suddenly have a change of heart. We are, and always have been, criminal defense attorneys. Our loyalty to you is certain.