Statute for 18 – 3 – 203 – Second Degree Assault While Confined
Here is the charge you are facing:
When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases. To answer these questions, Criminal Defense Attorney turn to "case law." That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.
Colorado Penalties for Second Degree Assault While Confined
The charge of Second Degree Assault While Confined, is categorized as a:
F3, if serious bodily injury occurred to the victim
during the commission or attempted commission of or flight
from the commission or attempted commission of murder,
arson, burglary, escape, first degree kidnapping, sexual
assault or class 3 felony sexual assault on a child.
F6, if provoked passion present
Click here to find out how much jail time is associated with this penalty.
How to Use This Information
After you have hired a Denver CO Criminal Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case. To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty. These things are called “elements”.
The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your Denver CO Criminal Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.
Please find the model jury instruction for Second Degree Assault While Confined below. These will be adapted by your Denver CO Attorney for your case.
The elements of assault in the second degree are: 1. That the Defendant, 2. in the State of Colorado, at or about the date and place charged, 3. [while lawfully confined or in custody, 4. as a result of being [charged with or convicted of a crime] [charged or adjudicated as a delinquent child], 5. knowingly, 6. violently applied physical force against 7. [the person of a [peace officer] [fireman] engaged in the performance of his or her duties, 8. and the Defendant knew or reasonably should have known that the victim was a [[peace officer] [fireman] engaged in the performance of his or her duties].] -or- 7. [a judge or officer of a court of competent jurisdiction, 8. and the Defendant knew or reasonably should have known that the victim was a judge or officer of a court of competent jurisdiction.] -or- 7. [a person engaged in the performance of his or her duties while employed by [or under contract with a detention facility] [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 classification series], 8. and the Defendant knew or reasonably should have known that the victim was a person engaged in the performance of his or her duties while [employed by or under contract with a detention facility] [employed by the division in the department of human services responsible for youth services].] 9. without the affirmative defense in instruction number _______.] After considering all of the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of assault in the second degree. After considering all of the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of assault in the second degree. NOTES ON USE Delete inapplicable bracketed material. Where applicable, the definitions of ?knowingly?, ?peace officer?, ?firefighter?, ?engaged in the performance of his or her duties? and ?detention facility? must be given. It may be necessary to define “in custody” (see e.g. People v. Weider, 693 P.2d 1006 (Colo. App. 1984), aff’d, 722 P.2d 396 (Colo. 1986); People v. Ortega, 899 P.2d 236 (Colo. App. 1994)).
To begin the process of analyzing your case, think about your case from the perspective of the prosecutor. Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your CO Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence. Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court. For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court. Additionally, talk to your attorney about whether you have any defenses to Second Degree Assault While Confined.
Don’t Forget about Immigration:
If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.