How serious is 2nd degree assault?

Second-degree assault. This more serious Class 4 felony involves either serious bodily injury or the use of a deadly weapon. Considered a “crime of violence,” second-degree assault is tried in district court with a DA prosecuting and carries a mandatory 5- to a 16-year prison sentence.

What does 2nd degree assault mean 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.

How much time can you get for 2nd degree assault?

Sentencing and Penalties The penalties that may result from a second degree assault conviction include: Imprisonment: In most cases, a class 4 felony carries a mandatory minimum — sentence of 5 years and a maximum of 16 years. Parole: The mandatory sentence of parole is 3 years.

Which is worse 1st or 2nd degree assault?

First-degree assault is an assault that can seriously or fatally injury a person or cause disfigurement. Second-degree assault is an assault that causes physical harm – not necessarily serious harm. As a result, second-degree assault can result in minor injuries that are not life-threatening.

Is second degree assault a felony?

What is Assault in the Second Degree? While not as severe as first-degree assault, second-degree assault includes a range of serious crimes and it is a felony. When a person intentionally causes serious injury to someone, or meets one of several other conditions, they can be charged with assault in the second degree.

What is an example of second degree assault?

Second Degree Assault: when someone knowingly causes serious bodily injury, knowingly causes injury with a deadly weapon, or recklessly causes serious physical injury to another.

What are examples of second degree assault?

Some examples of second-degree assault are:

• Assault to an unborn child through unlawful injury of the mother.
• Use of poison or other toxic substance.
• Torture.
• Strangulation.
• Suffocation.

What does strangulation 2nd degree mean?

(a) A person is guilty of strangulation in the second degree when such person restrains another person by the neck or throat with the intent to impede the ability of such other person to breathe or restrict blood circulation of such other person and such person impedes the ability of such other person to breathe or …

What is second degree BF?

A person is guilty of a second-degree sexual assault if he or she engages in sexual contact with another person and if any of the following circumstances exist: (1) The accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless.

What is menacing in the 2nd degree?

Under our law, a person is guilty of Menacing in the Second Degree when he or she repeatedly follows another person or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place another person in reasonable fear of physical injury [or serious physical …

What are the chances of going to jail for 2nd degree assault?

Usually, assault in the second degree is charged as a misdemeanor, punishable by up to 10 years of imprisonment, a fine of up to $2,500, or both. If the victim of the assault is a law enforcement officer, parole officer, or probation officer acting within the scope of his official duties, the crime is charged as a felony.

What will my charges be for 2nd degree assault?

The penalties that may result from a second degree assault conviction include: Imprisonment: In most cases, a class 4 felony carries a mandatory minimum – sentence of 5 years and a maximum of 16 years. Parole: The mandatory sentence of parole is 3 years. Fines: The minimum fine of a class 4 felony is $2,000, and the maximum fine is $500,000.

What qualifies as assault with a deadly weapon in Colorado?

Our state’s broad definition of “deadly weapon” means a variety of different activities involving dangerous objects could constitute assault with a deadly weapon in Colorado. You can be charged with assault with a deadly weapon if you use a dangerous weapon in a way that knowingly, intentionally, or recklessly harms someone else.

Can you get jail time for 2nd degree assault?

Assault in the second degree requires some mandatory incarceration. The sentencing range for state prison is 2-7 years. The court however is authorized to impose jail for a lesser period of time (as low as one day) in combination with probation IF he was never previously convicted of a felony.