Assault is charged in Greeley and Weld County for any unwanted physical contact that causes injury. The type of contact and level of injury determines which degree of Assault is charged and the resulting penalties. A man was recently arrested in Colorado for Second Degree Assault after he attacked a reporter. According to the report, the man was driving a taxi and pulled up next to the reporter at a stoplight. He questioned whether the reporter was a citizen and mentioned his armed forces experience citing that he was trained to protect the country from ‘people like you.’ He later located the reporter outside the TV station, took him to the ground and began choking him. Bystanders intervened and the man was taken into custody and charged with Second Degree Assault, Harassment, and Bias Motivated Crimes.
Second Degree Assault Lawyer in Weld County: How is 2nd Degree Assault Charged in Colorado?
The Weld County, Colorado law definition of Assault in the Second Degree – C.R.S. 18-3-203(1)(i) – is:
(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.
Even if it is just for the briefest moment, if a person makes an accusation that someone put their hands or any other body part around their neck and there was pressure applied, Second Degree Assault can be charged.
Penalty for Second Degree Assault – Strangulation in Milliken and Johnstown
Second Degree Assault can range from a class 6 felony to a class 3 felony depending on which subsection is charged. For the strangulation subsection, it is a class 4 felony, unless the person suffered serious bodily injury. Then it is a class 3 felony. The class 3 felony Second Degree Assault is a crime of violence and is subject to an extended sentencing range.
If you or someone you love has been charged with Second Degree Assault, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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