Second Degree Assault can occur when adults injure other adults in Castle Rock, Highlands Ranch, and Parker. When we throw fits, bodily injury can result. According to the news, a 19 year old got very angry when his grandmother brought home food and was told he needed to share the tacos with his twin. He grabbed an aluminum baseball bat and hit the twin in the back of his head. Luckily, the brother only suffered a cut and nothing worse. Causing bodily injury to a person by means of a deadly weapon is Second Degree Assault in Douglas County, Colorado, and can send you to prison for many years.

Douglas County Definition of Assault in the Second Degree

The Douglas County, Colorado, definition of Assault in the Second Degree – C.R.S. 18-3-203(1)(b) – is:

“

(1) A person commits the crime of assault in the second degree if:

(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon;”

An important definition for this statute is ‘deadly weapon:’

“

Deadly weapon means:

(I) A firearm, whether loaded or unloaded; or

(II) A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.”

Basically, any item that could be used to cause serious bodily injury or death is considered a deadly weapon. A baseball bat definitely fits this criteria.  Since “bodily injury” is met when someone feels pain of any kind, it is simple to allege.

Sentence for Second Degree Assault Over Tacos in Castle Rock

A Second Degree Assault charge under subsection (b), like the case above, is charged as a class 4 felony crime of violence. The crime of violence designation heightens the punishment involved with this crime. Instead of the normal class 4 felony presumptive range of 2 to 6 years in the Colorado Department of Corrections, a class 4 felony crime of violence sentencing range is 4 to 12 years in DOC.

If you or a loved one has been charged with Second Degree Assault, be smart, exercise your right to remain silent, and contact the best Castle Rock Assault defense attorneys from the O’Malley Law Office at 303-265-1950 to schedule a free consultation. Together, we can protect your future.

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