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Facing a charge of second-degree assault in Boulder can lead to life-changing consequences. If convicted, you could face several years in prison, in addition to the loss of employment and other costly penalties. Fortunately, there are options for fighting back.
The support of a dedicated assault defense attorney could be invaluable in these situations. A seasoned lawyer could investigate the facts, evaluate the strength of the state’s case, and push for the best possible outcome at trial.
In Boulder, a person can be charged with second-degree assault when they recklessly or intentionally cause bodily harm to someone else. Alternatively, the prosecution could bring these charges when the alleged victim is a peace officer, medical services provider, or firefighter, or when an assault involves the use of a deadly weapon.
Because of these additional factors, the consequences of a second-degree assault conviction can be significant. A judge could sentence someone convicted of this offense to between two and six years in prison. When there is a crime of violence involved, this maximum term could increase to 16 years. There are also steep fines and reputational damage to consider.
However, an arrest on an assault charge does not guarantee a conviction. It is often possible to beat these charges at trial or have them reduced (for instance, to third-degree assault) through a negotiated plea agreement. The right defense attorney could help secure a favorable outcome, even when the state’s evidence seems strong.
Facing a charge of assault in the second degree in Boulder is stressful, but there are ways to fight back and avoid a conviction. An experienced attorney could rely on any of the following strategies, depending on the facts of the case.
Self-defense is one of the most commonly used strategies in assault cases. If the defendant reasonably believed they were in imminent danger of bodily harm and used only the force necessary to protect themselves, they may be justified in their actions. However, the amount of force used has to be proportionate to the threat the accused faced.
Similar to self-defense, this strategy applies when the accused acts to protect another person from imminent harm. If the accused used reasonable force and the threat was credible, they could avoid a conviction even if the state could otherwise prove the elements of an assault.
This offense requires intent to cause injury. If the prosecution cannot prove that the defendant intended to cause bodily harm, the charge may be reduced or dismissed by the state.
In limited situations, if the alleged victim consented to the contact, this could serve as a defense. This approach is most likely to be successful in situations involving sporting events or activities where both parties have agreed to the risk of harm. However, the court may consider whether the level of injury exceeded the scope of what both parties agreed upon.
If the defendant can show they were not present at the time of the alleged assault or that another individual committed the crime, the case may be dismissed. This often involves having a witness or camera footage establishing that the person was somewhere other than the place where the attack happened.
Allegations of second-degree assault in Boulder must be taken seriously because the consequences are high. However, it may be possible to beat these charges with the support of an experienced defense attorney. Reach out right away for a confidential consultation.