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Denver Second-Degree Assault Attorneys

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    Denver Second-Degree Assault Attorneys

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      Collin McCallin performed EXCELLENTLY with my case. He kept in consistent contact with me throughout and showed diligence and extreme care for what I was dealing with.

      He worked effectively with the district attorney to resolve my case, and I could not be more pleased with the work. Thanks again!

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      Working with Russell lifted a huge weight off of our shoulders and allowed my husband and me to get back to living our lives knowing we were in good hands. Russell is truly a genuine and caring person and my husband and I will forever be grateful for the hard work, empathy, and support Russell gave us with my case. His persistence and determination resulted in a full dismissal of all of the charges!"

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      Denver Assault in The Second-Degree Attorneys

      If you are reading this, it is likely that you or someone you know is facing an assault in the second-degree charge in Denver, Colorado. We understand the stress and uncertainty that comes with such a serious legal situation. Being accused of a violent crime like assault can have life-altering consequences, but rest assured, you do not have to face this challenge alone. The attorneys at Hebets & McCallin, P.C. are here to provide guidance and support. We are committed to helping you understand your rights and work toward the best possible outcome for your case.

      What Is Assault in The Second-Degree Under Colorado Law?

      Under Colorado law, assault in the second-degree is defined as intentionally or recklessly causing bodily injury to another person. In some cases, the offense can also include using a deadly weapon to inflict harm. This charge is more serious than simple assault (which may involve minor injuries or threats), but it is less severe than assault in the first-degree, which involves aggravated or extreme harm to the victim.

      There are different ways that an assault in the second-degree charge can arise. For example, if you cause someone significant injury while acting recklessly, or if you strike another person with a weapon without the intent to kill, you could be charged with second-degree assault. It is important to understand that even if you did not intend to harm the person seriously, the law considers recklessness and the use of weapons as important factors when determining the severity of the charge.

      Penalties For Assault in The Second-Degree in Denver, CO

      Second Degree Assault is a “crime of violence” in Colorado. This classification means that, upon a conviction for the charge, there will be a term of mandatory imprisonment. For this specific charge, the mandatory sentence will range from 5-16 years in prison. It is a class 4 felony.

      Most sections of second degree assault require specific intent. This means that the prosecution must prove beyond a reasonable doubt that the offender had the specific intent to cause serious bodily injury, or bodily injury by means of a deadly weapon to another person, and failure to do so would result in acquittal of that charge.

      Below is the statutory language for Second Degree Assault

      Assault in the Second Degree, Colorado Revised Statutes (18-3-203)

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

      (a) Repealed.

      (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; or

      (c) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or

      (c.5) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person; or

      (d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or

      (e) For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or

      (f) While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or, while lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child, he or she knowingly and violently applies physical force against a person engaged in the performance of his or her duties while employed by or under contract with a detention facility, as defined in section 18-8-203(3), or while employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender; except that, if the offense is committed against a person employed by the division in the department of human services responsible for youth services, the court may grant probation or a suspended sentence in whole or in part, and the sentence may run concurrently or consecutively with any sentences being served. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203(3), and who is required to report back to the detention facility at a specified time is deemed to be in custody.

      (f.5) (I) While lawfully confined in a detention facility within this state, a person with intent to infect, injure, harm, harass, annoy, threaten, or alarm a person in a detention facility whom the actor knows or reasonably should know to be an employee of a detention facility, causes such employee to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including but not limited to throwing, tossing, or expelling such fluid or material.

      (II) Repealed.

      (III) (A) As used in this paragraph (f.5), “detention facility” means any building, structure, enclosure, vehicle, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the authority of the state of Colorado or any political subdivision of the state of Colorado.

      (B) As used in this paragraph (f.5), “employee of a detention facility” includes employees of the department of corrections, employees of any agency or person operating a detention facility, law enforcement personnel, and any other persons who are present in or in the vicinity of a detention facility and are performing services for a detention facility. “Employee of a detention facility” does not include a person lawfully confined in a detention facility.

      (g) With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another; or

      (h) With intent to infect, injure, or harm another person whom the actor knows or reasonably should know 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, he or she causes such person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including by throwing, tossing, or expelling such fluid or material; or

      (i) With the intent to cause bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury.

      (2) (a) If assault in the second degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 6 felony.

      (b) If assault in the second degree is committed without the circumstances provided in paragraph (a) of this subsection (2), it is a class 4 felony.

      (b.5) Assault in the second degree by any person under subsection (1) of this section without the circumstances provided in paragraph (a) of this subsection (2) is a class 3 felony if the person who is assaulted, other than a participant in the crime, suffered serious bodily injury during the commission or attempted commission of or flight from the commission or attempted commission of murder, robbery, arson, burglary, escape, kidnapping in the first degree, sexual assault, sexual assault in the first or second degree as such offenses existed prior to July 1, 2000, or class 3 felony sexual assault on a child.

      (c) (I) If a defendant is convicted of assault in the second degree pursuant to paragraph (c.5) of subsection (1) of this section or paragraph (b.5) of this subsection (2), except with respect to sexual assault or sexual assault in the first degree as it existed prior to July 1, 2000, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406. A defendant convicted of assault in the second degree pursuant to paragraph (b.5) of this subsection (2) with respect to sexual assault or sexual assault in the first degree as it existed prior to July 1, 2000, shall be sentenced in accordance with section 18-1.3-401(8) (e) or (8) (e.5).

      (II) If a defendant is convicted of assault in the second degree pursuant to paragraph (b), (c), (d), or (g) of subsection (1) of this section, the court shall sentence the offender in accordance with section 18-1.3-406 ; except that, notwithstanding the provisions of section 18-1.3-406 , the court is not required to sentence the defendant to the department of corrections for a mandatory term of incarceration.

      (3) Repealed.

      Potential Defenses Against Second-Degree Assault Charges

      Being accused of second-degree assault does not automatically mean you will be convicted. There are several defenses that may be available depending on the specifics of your case. Some of the most common defenses include:

      Self-Defense
      In some cases, individuals are charged with assault because they were acting in self-defense. If you were protecting yourself from an imminent threat of harm, you may be able to argue that your actions were justified under the law. This defense is often applicable in situations where the use of force was necessary to prevent injury.

      Lack of Intent or Recklessness
      If you can show that your actions were not intentional or reckless, this could be a valid defense. For example, if the injury to the other person was accidental, it may be possible to argue that the assault charge does not apply. This defense can be particularly useful in cases where the injury was the result of a misunderstanding or a momentary lapse in judgment.

      Insufficient Evidence
      Sometimes, the evidence against an individual charged with assault may not be strong enough to result in a conviction. A skilled attorney will review the details of your case to determine if the prosecution has enough evidence to prove that you committed the crime. If there are inconsistencies in the victim’s story or a lack of concrete proof, your case may be dismissed or reduced to a lesser charge.

      At Hebets & McCallin, P.C., we carefully analyze every aspect of your case to identify the strongest possible defense. Our goal is to help you achieve the best possible result, whether that means reducing the charges, negotiating a plea deal, or fighting for an acquittal in court.

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      Understanding Assault in The Second-Degree Charges in Denver, CO

      Being charged with assault in the second-degree can be an overwhelming and frightening experience. It is important to understand what these charges mean and how to defend yourself. At Hebets & McCallin, P.C., we are committed to guiding you through this difficult time and helping you navigate the complexities of the legal system. We offer free consultations to ensure you have the support you need. Our goal is to work alongside you every step of the way to secure the best possible outcome for your case.

      What Is Assault in The Second-Degree Under Colorado Law?

      Assault in the second-degree occurs when a person intentionally causes bodily injury to another person, or when someone recklessly causes serious bodily injury. It is a serious charge, but not as severe as first-degree assault. However, it still carries significant consequences, including potential jail time and fines. In some cases, assault in the second-degree can also result from using a deadly weapon in a reckless or careless way, even if the injury was not intended.

      For example, if someone hits another person with an object or uses their fists in a fight, and it causes harm, they could face second-degree assault charges. A more serious example could be someone using a weapon like a knife or firearm in a reckless manner, even if they did not intend to cause significant harm.

      The Importance of Legal Representation in Assault Charges

      When facing an assault charge, securing representation from the right attorneys is critical. Assault in the second-degree carries severe penalties, and it is essential to have an experienced defense team to advocate for your rights. Hebets & McCallin, P.C. brings years of legal experience in Denver, CO, and is dedicated to providing the aggressive defense that you need. The consequences of a conviction can last for years, affecting your job prospects, relationships, and future. By working with us, you gain a team that will fight for the best possible result in your case.

      Penalties for Conviction of Assault in The Second-Degree

      Second-degree assault is classified as a Class 4 felony under Colorado law. A conviction can result in serious penalties, including significant jail time and hefty fines. The maximum penalty for a Class 4 felony in Colorado is up to six years in prison, along with fines reaching up to $500,000. The legal ramifications go beyond jail time and fines; a conviction also creates a permanent criminal record, which can affect your ability to find work or housing. It is vital to seek qualified legal help as soon as possible to prevent the lasting effects of such a charge.

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      Mistakes to Avoid After an Arrest For Assault in the Second-Degree in Denver

      If you or a loved one has been arrested for Assault in the Second-Degree in Denver, it can be a frightening and confusing experience. The decisions you make in the hours and days following your arrest can have a significant impact on your case. At Hebets & McCallin, P.C., we understand how overwhelming this time can be, and we are here to help you navigate through the process. Below, we outline some common mistakes individuals make after being charged with Assault in the Second-Degree and explain how these errors can harm your case.

      Speaking Without Legal Representation

      One of the most common mistakes individuals make after being arrested for Assault in the Second-Degree is talking to law enforcement without first consulting with a defense attorney. It might seem like cooperating with the police will help clear up any confusion or lead to a quicker resolution of the case. However, anything you say to law enforcement can be used against you in court. Even if you believe you have nothing to hide, your statements could be misinterpreted or taken out of context, potentially leading to more serious charges. It is always in your best interest to remain silent and speak with a Denver Assault in the Second-Degree Attorney before providing any information.

      Failing to Gather Evidence or Witnesses

      Another mistake many people make after being charged with Assault in the Second-Degree is failing to collect evidence or identify potential witnesses who can support their defense. Evidence such as surveillance footage, photographs of the scene, or witness statements can play a crucial role in proving your innocence or reducing the severity of the charges. If you wait too long, important evidence may be lost or destroyed, and key witnesses may be harder to locate. The sooner you contact a skilled attorney, the sooner they can help you start gathering this evidence to strengthen your case.

      Not Understanding The Severity of The Charges

      Assault in the Second-Degree is a serious charge that can carry significant penalties, including imprisonment. Some individuals make the mistake of underestimating the consequences and failing to take the charges seriously. This can lead to a lack of urgency in seeking legal counsel or preparing a strong defense. Understanding the gravity of the situation is critical in order to ensure you make the best decisions moving forward. At Hebets & McCallin, P.C., we work with our clients to provide them with a clear understanding of the charges they face, as well as the potential outcomes of their case.

      Pleading Guilty Too Quickly

      When facing charges for Assault in the Second-Degree, some individuals may feel overwhelmed by the situation and decide to plead guilty too quickly, hoping it will lead to a more lenient sentence. However, pleading guilty without fully understanding the consequences or considering all available defenses can result in a conviction that severely impacts your future. There may be options for reducing the charges, negotiating a plea, or even dismissing the case entirely. It’s important to consult with a Denver Assault in the Second-Degree Attorney before making any decisions about pleading guilty, as this is a critical step in the legal process.

      Ignoring The Importance of Legal Advice

      Many individuals make the mistake of trying to handle the situation on their own, without seeking legal advice from a qualified attorney. Whether it’s out of fear, confusion, or a desire to save money, attempting to represent yourself can often lead to costly mistakes. The legal system is complex, and without proper knowledge of the law, you may unknowingly make decisions that harm your case. At Hebets & McCallin, P.C., we provide clear guidance, helping you understand your rights, the charges against you, and the best course of action to take. Our experienced Denver Assault in the Second-Degree Attorneys are here to ensure that you have the support you need during this challenging time.

      Frequently Asked Questions About Assault in The Second-Degree in Denver, CO

      Assault in the second degree in Colorado involves intentionally causing bodily injury to another person or recklessly causing serious injury with a deadly weapon. It is considered a felony offense and can lead to significant legal consequences. If you are facing charges for second-degree assault, it is essential to consult with a Denver Assault in the Second-Degree Attorney to fully understand the charges and your legal rights.

      A conviction for assault in the second degree in Colorado can result in serious penalties, including prison time, fines, probation, and restitution to the victim. Depending on the circumstances of the case, you could face up to 8 years in prison and substantial fines. Working with a Denver Assault in the Second-Degree Attorney can help you navigate these potential consequences and explore every option available to reduce the severity of the outcome.

      It is possible for charges to be dropped or reduced, but this depends on the specific facts of your case, such as the evidence available and whether the victim is willing to cooperate. Your Denver Assault in the Second-Degree Attorney can investigate your case thoroughly, negotiate with the prosecution, and, if possible, work toward getting the charges reduced or dismissed.

      It is always advisable to consult with an attorney before speaking to law enforcement or investigators. Anything you say can be used against you in court, and it’s important to ensure your rights are protected. A Denver Assault in the Second-Degree Attorney will guide you on how to approach interactions with law enforcement and ensure that you do not inadvertently jeopardize your case.

      Defenses to second-degree assault charges can vary depending on the situation. Some common defenses include self-defense, lack of intent, or mistaken identity. A skilled Denver Assault in the Second-Degree Attorney will examine the facts of your case and determine the most effective defense strategy to challenge the charges or reduce the potential penalties.

      The timeline for responding to criminal charges in Colorado can vary, but it is important to act quickly. Generally, you must appear in court for an arraignment, and failure to do so can result in a warrant for your arrest. Your Denver Assault in the Second-Degree Attorney will help you stay on top of deadlines and ensure that all required steps are completed in a timely manner.

      Even if the victim does not wish to pursue charges, the prosecution can still move forward with the case. Colorado law allows the state to prosecute assault charges regardless of the victim’s wishes. It is essential to work closely with a Denver Assault in the Second-Degree Attorney to address the legal proceedings and fight for the best possible outcome, even if the victim is not cooperating.

      A Denver Assault in the Second-Degree Attorney can provide invaluable guidance throughout the legal process. From examining the evidence to representing you in court, an attorney will advocate for your rights, develop a strong defense strategy, and work to reduce penalties or potentially dismiss the charges. Having a knowledgeable attorney by your side is crucial for ensuring that you are treated fairly and your interests are protected.

      If you are arrested for assault in the second degree, the first thing you should do is remain calm and exercise your right to remain silent. Do not engage in lengthy discussions with law enforcement, as anything you say could be used against you. Contact a Denver Assault in the Second-Degree Attorney as soon as possible to begin preparing your defense. An attorney can help you understand your rights, assess the strength of the evidence, and guide you through the next steps.

      In many cases, individuals charged with assault in the second degree may be eligible for bail or bond. The amount and conditions of bail depend on several factors, including the nature of the offense, your criminal history, and whether you are considered a flight risk. A Denver Assault in the Second-Degree Attorney can assist in advocating for reasonable bail terms to help you secure your release while awaiting trial.

      Denver Assault in The Second-Degree Client Story

      This client story is for educational purposes only.

      Edward’s life was turned upside down one night when he was arrested for Assault in the Second-Degree in Denver, Colorado. It was a moment that would change everything—his future, his freedom, and his peace of mind. He was scared, confused, and didn’t know what to do. The charges were serious, and the weight of it all left him feeling hopeless.

      As the days passed, Edward could only think about the consequences. What would happen to him? Could he really be sent to prison? How would he ever explain this to his family? The future seemed dark, and he felt alone. That was until he met Colin McCallin from Hebets & McCallin, P.C.

      When Edward first walked into Colin’s office, he didn’t know what to expect. His fear was so overwhelming that he could barely speak. But Colin was different. From the very first meeting, he took the time to listen to Edward’s side of the story—every detail, every feeling, every question. He didn’t rush. He didn’t judge. Colin simply reassured Edward that he was there to help.

      Colin helped Edward understand the charges he was facing and what each step of the legal process would mean. With every conversation, the fear began to lift. Colin walked him through the complex legal terms and made sure Edward understood what was happening at every turn. For the first time since his arrest, Edward felt like someone truly cared about his future. He no longer felt like he was drowning in uncertainty. Colin had given him something he hadn’t felt in a long time: hope.

      As the case moved forward, Colin worked tirelessly to investigate the situation, building a defense that would help clear Edward’s name. Every time Edward felt unsure or afraid, Colin was there to answer his questions, explain the process, and calm his nerves. He made sure Edward was never in the dark, no matter how overwhelming things became.

      On the day of the trial, Edward still felt nervous, but he wasn’t alone. Colin stood by his side, confident and strong, ready to fight for Edward’s future. Thanks to the dedication and hard work Colin had put into the case, Edward was found not guilty of Assault in the Second-Degree. The moment the verdict was read, Edward’s heart lifted, and tears of relief filled his eyes.

      Today, Edward is a free man, his future no longer uncertain. He is forever grateful for the support, guidance, and expertise that Colin McCallin provided. What once felt like an impossible situation had been turned around with the help of a dedicated attorney who truly cared.

      Let Hebets & McCallin, P.C. Fight For You

      Being arrested for Assault in the Second-Degree can be overwhelming and frightening. If you’re facing charges in Denver, it’s essential to have a dedicated team on your side who will work hard to protect your rights and defend your case. At Hebets & McCallin, P.C., we understand the stress you’re under and are committed to providing you with the strongest possible defense. Our experienced attorneys are ready to take on the challenges of your case and fight for the best possible outcome.

      Free Consultations to Understand Your Options

      If you’ve been arrested for Assault in the Second-Degree in Denver, it’s crucial to know your options and rights. At Hebets & McCallin, P.C., we offer free consultations to help you understand your situation and the potential defenses available to you. During this consultation, we’ll listen to the details of your case, answer your questions, and guide you on the next steps. We believe in clear, open communication, and we want to make sure you feel informed and supported every step of the way.

      Committed to Achieving The Best Outcome for You

      At Hebets & McCallin, P.C., we don’t just view your case as another number. We care deeply about the outcome of your case and will fight tirelessly on your behalf. Whether you are facing a trial or exploring alternatives, our goal is to work toward the best resolution for your future. We know that facing criminal charges can be a life-changing event, and we are here to stand by you, helping you navigate through this difficult time. You don’t have to go through this alone – we are committed to defending your rights and working relentlessly to ensure you have the best chance for success.

      If you have been arrested for Assault in the Second-Degree in Denver, contact Hebets & McCallin, P.C. today to schedule your free consultation. Let us help you understand your rights and guide you through this challenging time with the support and determination you deserve.

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