Is a charge a felony or misdemeanor

Asked over 4 years ago - Littleton, CO

I live in Jefferson County, CO. My son has been charged with 2nd degree Assault with a domestic violence component. He has no other violence charges and has no other criminal record. Is this 2nd degree assault charge usually a misdemeanor? He is under the impression it is a felony.

Attorney answers (2)

  1. Steven Joseph Pisani

    Contributor Level 10

    Answered . Second Degree Assault in Colorado is a Felony, it is an F4. This means that he could possibly serve 2-6 years in prison, 12 years if it was aggravated. Because of his lack of a prior record, avoiding prison time is a real possibility. You should contact a criminal defense lawyer immediately to preserve his rights and achieve the best possible outcome that will limit his exposure to a criminal record and imprisonment.

    www.pisanilaw.com

  2. V. Iyer

    Contributor Level 15

    Answered . In Colorado Assault in the second degree si a felony. It could be a class 6 felony if in the heat of sudden passion is the affirmative defense and you are successful in convincing the prosecution or the jury. Otherwise it is a class 4 felony. Assault in the second degree is a crime of violence. If charged as a crime of violence then there is mandatory prison sentence; which any the mid point of the presumptive range and upto the twice the maximum of the presumption range. 2nd degree assault is a serious crime and you should contact a criminal defense lawyer to help.Class 4 felony prison range is 1 year to 12 years. if Crime of Violence prison range is 1 to 16 years.

    Only a 3rd degree assault is a misdemeanor class i and is an extraordinary risk crime. Jail from 6 months to 2 years.

    Best of Luck

Related Topics

Felony crime

A felony is a crime that is punishable by more than one year in prison. Certain especially severe felonies may be punishable by the death sentence.

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