In Weld County, if you are charged with Assault of a person with whom you’ve had an intimate relationship, you could also be charged with Domestic Violence. When an alleged victim has physical injury to their body, and they are a current or former partner of the defendant, then a Domestic Violence Assault charged is common. Recently in Colorado Springs, a Firefighter was charged with Assault and Domestic Violence after allegedly fighting with his wife. The allegations are that he held her against a wall, threw items at her, and ultimately held a gun to her head. If convicted of the Assault charge, the firefighter will face an enhanced sentence due to the Domestic Violence charge. Below, our criminal defense attorneys will discuss Assault and Domestic Violence, or DV charges, and how we can help protect your future. If you are facing Assault or DV charges in Larimer County, get help here.
What is the Legal Definition of Assault in the Second Degree, C.R.S. 18-3-203, in Greeley, Colorado?
Assault in the Second Degree, located at C.R.S. 18-3-203, has a legal definition in Greeley as follows:
(a) Repealed.
(b) 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
(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or
(c.5) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person; or
(d) He or she recklessly causes serious bodily injury to another person by means of a deadly weapon; or
(e) For a purpose other than lawful medical or therapeutic treatment, the accused intentionally causes stupor, unconsciousness, 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.
In the story above, because there was a deadly weapon used, along with bodily injury to the victim, then he could be convicted of Assault in the Second Degree It is also important to note that the firefighter was also charged with Felony Menacing. To learn more about Menacing charges go here.
What is a Domestic Violence Sentence Enhancer, C.R.S. 18-6-800.3, in Weld County?
In Weld County, Domestic Violence, at C.R.S. 18-6-800.3, is defined as:
Domestic Violence or DV, is a Sentence Enhancer. This simply means that the punishment and penalties are increased from the original criminal charge. In the case above, this means that the Assault charge would have harsher penalties because the victim was the firefighter’s wife. It is important to note that the intimate relationship between a defendant and the victim does not have to be current. If they were formerly in an intimate relationship, then DV can still be charged. This often occurs following a divorce and separation, due to contacts related to child custody and parenting issues.
Penalties and Sentence for 2nd Degree Assault in Windsor and Erie, Colorado
The sentence for 2nd Degree Assault in Windsor and Erie is a class 4 felony with penalties of 5 to 16 years in the Colorado Department of Corrections, if a deadly weapon or serious injury was involved, along with $2,000 to $500,000 in fines. Since there was a Domestic Violence charge, and the underlying behavior is classified as a Crime of Violence with the use of a deadly weapon, the defendant in our story is looking at a sentence up to two times the maximum sentence. The details of this sentencing scheme are complicated, and need the assistance of an expert criminal defense attorney.
Why Hire an Experienced Weld County Criminal Defense Attorney if You are Facing a Domestic Violence Assault Charge?
In Weld County and across northern Colorado, if you are facing a Domestic Violence Assault charge, an experienced criminal defense attorney can help you figure out the best defenses to your charge, and lead discussions with the District Attorney for a reduced plea bargain. In other cases, a jury trial is your best option. The attorneys at the O’Malley Law Office will learn the specific facts in your case and aggressively fight for the best outcome. Having had over 30 years of experience, our attorneys understand how complicated cases are resolved in the Weld County District Court.