Assault in the Second Degree Involving Strangulation or Suffocation Lawyer in Greeley, CO

When is Second Degree Assault, Strangle an Extraordinary Risk Crime at the Weld County Court?

Assault in the Second Degree, C.R.S. 18-3-203, is designated an Extraordinary Risk crime at the Weld County Court when a defendant intends to cause and causes non-serious bodily injury to a victim by impeding their airway or suffocating them.  If a defendant is convicted of this offense, the maximum sentence to the Colorado Department of Corrections / DOC is increased by 2 years.  This means that the defendant could be sentenced to up to 8 years in the Colorado DOC.  Even after they are released, they will face substantial consequences from their criminal record, which cannot be sealed.  If you have been charged with Second Degree Assault based on an accusation of strangling or suffocating another person, it is critical that you contact a top criminal defense lawyer as soon as possible.

Colorado’s Law on Assault in the Second Degree, C.R.S. 18-3-203

2nd Degree Assault Charges for Strangulation

Colorado’s law on Assault in the Second Degree, C.R.S. 18-3-203, in reference to strangulation or impeding another person’s airway, is as follows:

(1) (i) With the intent to cause bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury.

In other words, this subsection of 2nd Degree Assault is charged when the defendant:

  • Intended to cause non-serious bodily injury to the victim,
  • Applied pressure to the victim’s neck or blocked their nose or mouth to restrict their breathing or circulation, and
  • Caused non-serious bodily injury to the victim.

What is the Definition of “Bodily Injury” at the Weld County Court?

Non-Serious Injury or Pain by Choking Out Another

Assault charges at the Weld County Court hinge partly on the severity of injury rendered to the victim, and the level of severity of injury the defendant intended to cause.  When it comes to Assault in the Second Degree charged for strangulation or suffocation, the District Attorney must show that the defendant both intended and caused bodily injury.  “Bodily injury” is defined in C.R.S. 18-1-901 as follows:

(3) (c) “Bodily injury” means physical pain, illness, or any impairment of physical or mental condition.

Bodily injury refers to minor pain or injury.  By contrast, its counterpart – serious bodily injury – refers to more grievous injuries, like bone breaks or fractures, protruding knife or gunshot wounds, severe burns, and similar long-term or life-threatening disability.

Second Degree Assault vs. First Degree Assault in Greeley, Colorado

When is 1st Degree Assault Charged for Strangulation?

Both Second Degree Assault and First Degree Assault can be charged for strangling or suffocating another person in Greeley, Colorado.  The difference is the severity of bodily injury the defendant intended to cause, and whether such injury was rendered to the victim.  1st Degree Assault is charged for intending and causing serious bodily injury to the victim, whereas 2nd Degree Assault is charged for intending and causing non-serious bodily injury.

For example, if one person choked another, only intending to cause minor injury, and the victim was only bruised as a result, the aggressor would be charged with 2nd Degree Assault.  However, if the defendant strangled the victim, hoping to cause a traumatic brain injury, and the victim was indeed seriously injured as a result, the defendant would be charged with Assault in the First Degree.

Penalties for Second Degree Assault in Greeley

Colorado Prison Time and More

Second Degree Assault involving suffocation or impeding another person’s airway in Greeley is a class 4 felony + Extraordinary Risk crime, punishable by time in the Colorado Department of Corrections, fines, and more.  Penalties for a conviction of this offense include:

  • 2 – 8 years in the Colorado DOC; class 4 felonies without Extraordinary Risk designation are normally punishable by 2 – 6 years
  • 3 years of mandatory parole upon release from prison
  • Fine of $2,000 – $500,000
  • Restitution to the victim
  • Personal consequences: lifelong loss of ability to lawfully own firearms and ammunition; a criminal record that cannot be sealed; difficulty finding a job or housing

Contact a Top Weld County Assault Lawyer Today

If you have been charged with Second Degree Assault for an accusation of choking, smothering, or suffocating another person, the first thing you need to do is contact a top Weld County Assault lawyer today.  We understand just how much is at stake for you, and how much a conviction for this offense could cost you.  Our greatest priority is to help you protect your future by representing you at the Weld County Court.  We can negotiate with the District Attorney on your behalf and secure a plea bargain that will significantly reduce the charges against you or go to trial.  We have even successfully petitioned the District Attorneys to drop the charges against our clients altogether.  Don’t wait to contact an attorney with the compassion, drive, and more than 30 years of experience to successfully represent you at the Weld County Courthouse.

Have you been charged with Assault in the Second Degree?  Be smart, and exercise your right to stay silent.  Never discuss your case with the Greeley Police or Weld County Sheriff; this could result in your incrimination at the Weld County Courts.  Instead, get in contact with a top criminal defense lawyer with over 3 decades of experience at the O’Malley Law Office today by calling 970-616-6009.  Together, we can protect your future.

The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!

Get Help Now!