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Second Degree Domestic Assault

Second Degree Domestic Assault

An assault charge is serious, but it can be enhanced if it’s connected to domestic violence. Colorado law states if a crime is found to have an underlying issue of domestic violence, the judge could impose additional conditions to your sentencing. This means you could have an extended jail sentence, be required to complete court programs and even be subject to a protective order.

Additionally, there is a negative social stigma surrounding domestic violence. A domestic violence crime on your record could create issues with future employers or licensing agencies. If you or someone you know has been charged with second-degree domestic assault, it’s imperative you seek a skilled criminal defense attorney.

Defense Attorney for Domestic Assault in Colorado Springs, CO

Have you been accused of domestic assault? It’s important you secure legal counsel as soon as possible. A domestic assault charge could lead to severe penalties including the issuance of a protective order. If you or someone you know has been charged with second-degree domestic assault, then it’s highly recommended you call Law Offices of Clifton Black, PC.

The attorneys at Law Offices of Clifton Black, PC excel at representing people accused of domestic violence. No case is too big for us to handle. You can contact us by calling (719) 328-1616 to set up your free consultation. Law Offices of Clifton Black, PC accepts clients throughout the El Paso County area and surrounding counties including Denver County and Arapahoe County.

Overview of Second-Degree Domestic Assault in CO


How Does Colorado Define Second-Degree Domestic Assault?

Domestic violence doesn’t have a specific statute under Colorado law. The state instead has a domestic violence enhancement, which is applicable to any crime. Essentially, this means any crime could be considered domestic violence, even crimes against animals or property.

Colorado law defines “domestic violence” as a threat of violence or violence against a person whom you share an intimate relationship with. The law defines “intimate relationship” as any relationship that has a romantic attachment or shared parental status. A few examples of people in an intimate relationship include:

  • Spouses;
  • Former spouses;
  • Girlfriends and boyfriends;
  • Ex-girlfriends and boyfriends;
  • Couples with shared children who aren’t together

Assault is when you cause bodily injury to another person with a deadly weapon. A deadly weapon under Colorado law can be a loaded or unloaded firearm or any other weapon that can be used to inflict serious bodily injury on another person.

Serious bodily injuries include any injury with a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of a body part or organ. It also consists of broken bones, fractures and second or third-degree burns.

To be charged with second-degree domestic assault, you must do one of the following:

  • Caused serious bodily injury to another person;
  • Threatened a peace officer, judge, firefighter, emergency medical service provider or a detention facility employee with intent to cause serious bodily injury;
  • Caused bodily injury to an official to prevent them from performing their job;
  • Violently applying force to a detention facility employee while you are being detained;
  • Drug another person without their consent or authorization; or
  • Cause a detention facility employee, peace officer, judge, or emergency medical provider to come into contact with bodily fluid intentionally as a way to injure, harm, annoy, threaten, infect or alarm that employee

Detention facilities are any building used to lawfully hold people who under the authority of the state. This includes prisons, youth group houses, and mental institutions. The term also includes motor vehicles for these facilities such as a prison transportation bus.


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Penalties for Second-Degree Domestic Assault in Colorado

Second-degree assault is charged as a class 4 felony. However, the statutory penalties are enhanced because assault is considered an “extraordinary risk” crime, meaning it’s harmful to society. As a result, the total sentencing for a second-degree domestic assault is:

  • Up to 6 years in prison; and
  • A fine of up to $500,000

It’s important to note that the prison sentence could be extended because it’s a domestic violence crime. If the judge decides it’s appropriate, they could add months or even years to your final sentence.


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Consequences of a Domestic Violence Crime

Assault has some harsh consequences under Colorado law. However, a domestic assault has even more penalties because of the domestic violence enhancement. One of these is an immediate arrest if law enforcement has probable cause you committed a domestic violence crime such as assault. Law enforcement must arrest you even if the alleged victim takes back their complaint or doesn’t wish to press charges.

As an added consequence, a domestic violence complaint automatically triggers a protective order. A protective order is also referred to as a restraining order and will prohibit you from being near the alleged victim or their residence. The judge may even require you to move out if you share a residence with the victim.

If you’re convicted of domestic assault, the judge could lengthen your prison or probation period. They may also court order to attend a domestic violence treatment program, anger management or substance abuse treatment if the court believes it’s in the best interest of the victim. In addition, Colorado law states you must relinquish all your firearms within 24 hours of your release after a domestic violence conviction.


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Additional Resources

The Family Tree – Visit the official website of the non-profit human services agency called the Family Tree. Access their site to learn more about their services regarding child abuse, domestic violence and homeless as well as ways to get involved.

Second-Degree Assault Laws – Visit the official website of the Colorado Revised Statutes to learn more about the assaultive offenses. Access the statutes to learn more about the penalties of assault, admissible defenses and other related crimes.


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Defense Lawyer for Second Degree Domestic Assault in El Paso County

If you or someone you know has been accused of domestic assault, it’s crucial you contact an experienced criminal defense attorney. An attorney can overlook your case to see what the next best step is. Find that today by calling the attorneys at Law Offices of Clifton Black, PC.

Our legal team has years of knowledge from representing people accused of domestic violence. Call us today at (719) 328-1616 to set up a free consultation. Law Offices of Clifton Black, PC accepts clients throughout the greater Colorado Springs area including Fountain, Manitou Springs and Calhan.


 

Law Offices of Clifton Black, P.C.