Second degree assault in Colorado

What the charge means

Second degree assault is really a family of offenses under one statute. Prosecutors must prove one of several specific forms beyond a reasonable doubt. The most common include:

• Intending to cause bodily injury and causing it with a deadly weapon
• Recklessly causing serious bodily injury with a deadly weapon
• Strangulation, meaning applying pressure to the neck or blocking the nose or mouth with intent to cause bodily injury
• Intending to prevent a peace officer, firefighter, or emergency medical provider from performing a lawful duty and intentionally causing bodily injury to any person
• Drugging someone without their consent
• Causing certain contact with bodily fluids against officers or detention staff

Bodily injury is a low bar. It means physical pain, illness, or any impairment of physical or mental condition, so even an injury with no visible mark can qualify. Common scenarios include fights where an object is used, domestic incidents involving grabbing the neck, and arrests where an officer claims injury during a struggle. The disputed issues are usually intent, self defense, what counts as a deadly weapon, and how the injury actually happened.

Classification and sentencing

Most forms of second degree assault are class 4 felonies. Under C.R.S. 18-1.3-401, the presumptive prison range for a class 4 felony is 2 to 6 years, with a fine of $2,000 to $500,000. Second degree assault is labeled an extraordinary risk crime, which raises the top of that range to 8 years. These figures describe what applies if the court imposes prison.

Whether prison is mandatory depends on the form charged. Certain forms, including causing injury with a deadly weapon, are crimes of violence under C.R.S. 18-1.3-406. For those, the court must impose prison of at least the midpoint of the enhanced range up to twice the maximum, which works out to a mandatory 5 to 16 years, followed by mandatory parole. Strangulation charged on its own is not on that automatic list, and for forms outside the list probation, community corrections, or other sentences are often possible, though the way a case is charged can still bring mandatory sentencing into play.

Two other wrinkles matter. If the act happened in a sudden heat of passion after a serious and highly provoking act by the other person, the charge drops to a class 6 felony with a presumptive range of 12 to 18 months if prison is imposed. And if the case involves a current or former intimate partner, a domestic violence label adds protection orders, treatment, and firearm restrictions on top of everything else.

What else it touches

The conviction itself is only part of the picture:

• Firearms. Any felony conviction bars gun possession under Colorado and federal law.
• Immigration. For a noncitizen, second degree assault can be treated as a crime of violence, and with a sentence of a year or more it can become an aggravated felony, which is one of the worst immigration outcomes.
• Record sealing. Assault is listed in Colorado's Victim Rights Act, so a conviction generally cannot be sealed. Dismissed charges and acquittals usually can be.
• Licenses and work. A felony assault conviction shows up on background checks and can affect professional licenses, housing, and employment.

We defend second degree assault cases in Colorado, and a consultation is the place to get answers about a specific situation.