Second-Degree Assault in Denver | Bodily Injury Defense Cases

Assault charges are serious. In Colorado, second-degree assault is defined as causing bodily injury with intent; injuring a peace officer, emergency medical services provider, or firefighter; or using a deadly weapon. If you have been accused of second-degree assault in Denver or are facing any kind of assault charge, you should seek legal guidance to defend your rights. Having a skilled assault defense attorney could help you face these charges with strength and a support system.

What Are the Penalties for Second-Degree Assault?

In Denver, second-degree assault charges often carry significant consequences, especially if they involve deadly weapons or serious bodily injury. An assault conviction could come with a penalty of two to six years in prison, though that sentence could be increased to 16 years if the assault is designated as a crime of violence. Individuals convicted of assault could also be subject to high fines and a mandatory parole sentence. Sentence enhancements also apply in certain circumstances, such as when the alleged victim is a law enforcement officer.

Legal Defenses to Second-Degree Assault Charges

Several legal defenses can help those accused in Denver fight back against second-degree assault charges. The most common defenses often include:

Lack of intent: The injury was completely accidental
False accusations or mistaken identity: In chaotic situations involving many people, someone may be confused for someone else
Consent: Both parties may have agreed to participate in a consensual fight or mutual combat, which could reduce culpability
Self-defense or defense of others: The accused may have reasonably believed they or somebody else was in imminent danger

The legal process includes moving through the stages of arrest, booking, bail hearing, and preliminary hearings. Early legal intervention can help preserve your rights as a defendant during these proceedings.

Prosecutors Have the Burden of Proof

In criminal cases, the prosecution bears the burden of proving that an assault occurred. They must prove that the accused person intended to cause bodily injury, the injury occurred, and a deadly weapon or protected victim was involved. Intent is a key element in second-degree assault cases, as accidental injuries do not qualify.

It is helpful to work with an experienced defense attorney who has previously worked as a prosecutor, as they can assess the evidence involved in the case, which may include surveillance footage, witness statements, and medical records.

Contact a Denver Lawyer About Your Second-Degree Assault Charges Today

Handling a criminal case is stressful for anybody, but assault charges are particularly serious. Having a conviction of a violent nature on your record can impact your future, but a skilled attorney could make a difference. If you are facing charges for second-degree assault in Denver, do not wait to seek legal guidance. Contact Petrash Law today to set up a confidential consultation and begin your legal defense.