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Definitions of Second Degree Assault

The degree in which you are charged with assault is important because the penalties you face are significantly different depending on the degree. You may not have known the differences in first, second, and third degree assault before charges were brought against you, but you are definitely interested to know the differences now.

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Assault in the Second Degree - Bodily Injury with a Deadly Weapon

The elements of the crime of assault in the second degree (bodily injury with a deadly weapon) are:

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. with intent,
  4. to cause serious bodily injury to another person,
  5. caused serious bodily injury to any person,
  6. by means of a deadly weapon,
  7. and that the defendant’s conduct was not legally authorized by the
  8. affirmative defense

If you were involved in an incident of assault where someone was injured but no lasting serious damage occurred, this would be a case of assault in the second degree. If charged, you could be looking at penalties of two to six years of jail time, as well as fines of at least $2,000. When you are facing such serious consequences, you need to have confidence in your attorney. With a sterling record, you can have confidence in Chris Ponce.

Assault in the Second Degree - Causing Serious Bodily Injury

You shoved someone and it resulted in them breaking their wrist. Or you were lighting a fire and the flame got away from you, causing someone to suffer second or third degree burns. You may be facing a second degree assault charge.

The elements of the crime of assault in the second degree (intent to cause bodily injury; causing serious bodily injury) are:

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. with intent,
  4. to cause bodily injury to another person,
  5. caused serious bodily injury to that person or another person,
  6. and that the defendant’s conduct was not legally authorized by the
    affirmative defense[s]

If you can prove that you shoved the person in the heat of the moment or that an accident occured, penalties can be dropped or lessened. Having a sharp and determined attorney at your side is important when fighting assault charges. If you want to protect your future, call Chris Ponce.

Assault in the Second Degree - Emergency Responders Involved

Maybe you were in a provoked state and you spat in the direction of a police officer. You weren’t thinking clearly. You also did not think that it would lead to charges like assault in the second degree.

The elements of the crime of assault in the second degree (bodily fluids or hazardous material; emergency responders engaged in duties) are:

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. with intent,
  4. to infect, injure, or harm another person,
  5. whom the defendant knew or reasonably should have known to be engaged in the performance of his or her duties as a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider,
  6. caused such person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material,
  7. by any means, including by throwing, tossing, or expelling such fluid or material.
  8. and that the defendant’s conduct was not legally authorized by the affirmative defense

Subjecting an active duty emergency responder to bodily fluids or hazardous materials can be classified as assault, and you could be facing serious fines and jail times as a result. When you are facing life altering legal charges, you need Chris Ponce. With experience prosecuting, advising law enforcement, and more, he knows the system and knows how to protect you from it.

Assault in the Second Degree - Strangulation

You took it too far. You were arguing and one thing led to another. You didn’t realize they couldn’t breathe. Now you’re looking at a second degree assault charge. What does this mean? It could potentially mean up to 6 years in jail and a minimum fine of $2,000.

The elements of the crime of assault in the second degree (restrict breathing) are:

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. with intent,
  4. to cause bodily injury,
  5. applied sufficient pressure to impede or restrict the breathing or circulation of the blood of another person,
  6. by applying such pressure to the neck or by blocking the nose or mouth of the other person, and
  7. thereby caused bodily injury.
  8. and that the defendant’s conduct was not legally authorized by the affirmative defense

With your future on the line, you need solid legal help ASAP. Chris Ponce has a diverse legal background. He knows the ins and outs of the system. He will fight for you and your rights.

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Chris Ponce

Chris Ponce is a former prosecutor with a stellar conviction record. Chris knows how to dismantle a criminal case, because he spent years building them. Chris is licensed to practice in every county in the State of Colorado. He is also licensed to practice before the Colorado Court of Appeals, and the Colorado Supreme Court.
Email chris@hamptonpigott.comPhone (720) 566-5055
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