Second degree assault charges may stem from either causing serious bodily injury or intending to cause serious injury with a deadly weapon. In some instances, second degree assault may be charged for recklessly causing serious injury with a weapon. In some states, intentionally administering a drug without consent can also lead to this serious charge. Threatening or causing serious injury to a police officer, fireman, or other official while doing their job can also result in this charge.
Defenses to this charge include provocation by the victim, defense of another, imperfect self-defense, and self-defense. An attorney can assist in assessing whether there are additional assault defenses available in a given case based on the facts which they can ascertain through thorough investigation.
2nd Degree Assault Laws
States that use second degree assault include (but are not limited to) Hawaii, Oregon, Washington, Alaska, New York, Maryland, Minnesota, Connecticut, Colorado, and Missouri. Check your state's criminal code to find out if this charge is utilized.
Second degree assault may be charged in any of the following situations:
- An actor intentionally inflicts substantial bodily harm on another;
- Intentionally and unlawfully causes substantial harm to an unborn child by assaulting a pregnant mother;
- Utilized a deadly weapon during an assault;
- Causes someone to ingest a harmful substance;
- Assaults another while attempting to commit a felony;
- Knowingly tortures another.
Penalties and Sentencing
Penalties may include from one to ten years in prison and fines up to $20,000, depending on the jurisdiction, use of weapons, extent of harm, and other circumstances. If it is a violent crime, in some states, a minimum prison sentence is imposed in cases of conviction. Because state laws vary and individual penalties vary according to circumstances including any enhancements charged, it is vital to check with local law and consult an attorney.
How a Lawyer Can Help
A lawyer may be able to assist in reduction or dismissal of second degree assault charges. Going over the facts of your case with a professional will help you understand the extent of the situation, as well as options of which you may not be aware. Because prison is a potential penalty if convicted, it is important to seek the assistance of counsel early on in the process to ensure the best possible outcome. By involving an attorney at the first stages, you will better be able to preserve witnesses, evidence, and possible defenses.
