The last place you deserve to be is in jail serving a long sentence for an assault case, and all because you did not have the right legal team on your side. Unlike the general perception, it is easy to be caught up in an assault case, which is primarily the crime of wrongfully hurting another party. It is therefore not a surprise that there are thousands of assault cases that are filed from time to time with the majority of these having a basis for legal defenses. Unfortunately, many people assume that their innocence or history of good record will save them only to end up paying hefty fines or serving an undeserved sentence.
An accusation of second-degree assault in Colorado typically revolves around intentional conducts that resulted in the injury of the victim with or without the use of a deadly weapon. However, unlike first degree assaults, the injuries should not be severe or cause lasting damages such as impairment of a body part or fractured bones to the victim. Generally, these charges attract severe penalties in Colorado, and if convicted, you could face jail time of between two to six years or pay a fine of at least $2,000.
Luckily, there is the chance to prove your innocence in a court of law for all alleged instances of 2nd degree assault in Colorado, a primary reason why you need to have an attorney by your side. An experienced attorney with expertise on assault cases will carefully evaluate the situation and determine the best angle for the legal defense. Fortunately, there are lots of arguments that can be used for different cases, depending on the facts at hand. The most common defenses are;
- Lack of intent
While the basis for a second-degree assault that makes it different from a third-degree assault is the intent, it is possible for an attorney to prove it was an accident. Accidents are always unintentional, and the injuries causes will, therefore, be the result of a mistake with no intent to the victim. Many at times, this involves accepting to negligent conduct to avoid being convicted.
It is very complicated to claim and prove self-defense, but there could be a strong basis that an attorney could use for your case. For this defense to be reasonable there must be the belief that the accuser wanted to use unlawful force against you or another party, and you used force to defend yourself or the other party.
- Heat of passion
Colorado laws allow for the heat of passion defense whereby the actions that led to the alleged assault resulted from a provocation that caused you to act before there was enough time to cool down. With this defense, it becomes possible to reduce the conviction from a class-4 felony to the least severe type of crime, a class-6 felony.
There are many other charges related to second-degree assaults, including domestic violence and menacing. Regardless of the charges, one is facing; it is possible to have a suitable outcome by having the right legal team on your case.