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2nd Degree Assault
Understanding 2nd Degree Assault Charges
Dealing with a 2nd degree assault charge can be scary and overwhelming. I totally get it – the legal system is confusing and facing criminal charges feels really serious. Just know that there are experienced criminal defense attorneys out there who can help explain your options and protect your rights. I wanted to give you an overview on 2nd degree assault charges, including potential penalties, possible defenses, and your legal options if you’re facing charges in this category.What Constitutes 2nd Degree Assault?
2nd degree assault is considered a serious violent felony offense in most states. Unlike 3rd degree assault which may involve minimal injuries, 2nd degree assault charges indicate the victim suffered substantial or prolonged injuries from the attack. Here’s a quick rundown on what constitutes 2nd degree assault:
- Causing serious bodily injury intentionally or recklessly
- Injuring someone with a dangerous or deadly weapon
- Strangling or suffocating someone
- Causing bodily injury through criminal negligence or recklessness
So basically, 2nd degree assault involves violently injuring someone either on purpose or through exceptionally careless actions. The injuries caused have to be more than mild or moderate – we’re talking broken bones, loss of consciousness, permanent disfigurement or disability, etc.It’s also considered 2nd degree assault if you used something like a knife, bat, brass knuckles or other weapon to attack someone. Even if you didn’t cause permanent damage, using a dangerous weapon to injure someone bumps an assault charge up to the 2nd degree level.Finally, you can face 2nd degree assault charges for things like strangulation, suffocation, poisoning, or other dangerous actions that cut off someone’s oxygen or otherwise injure them from the inside out. Domestic violence situations where someone cuts off their partner’s airway often lead to 2nd degree charges.Penalties and Sentencing Guidelines
Like other types of violent felonies, 2nd degree assault charges often come with stiff penalties. Exact statutes vary quite a bit state-by-state, but potential consequences typically include:
- Up to 10 years in prison
- Fines up to $20,000
- Mandatory counseling or intervention programs
- Permanent criminal record
- Probation & intense court supervision
- Loss of civil liberties, like voting rights or gun ownership
When determining penalties, courts look at details like:
- Extent of injuries caused
- Use of a weapon
- Intent & planning vs reckless mistake
- Prior criminal history
- Aggravating circumstances of the assault
In domestic violence or strangulation cases, courts often take additional factors into account as well – like the existence of a pattern of abuse, vulnerability of the victim, violation of a restraining order, etc.Basically, the worse the injuries you caused and the more egregious the circumstances, the harsher penalties you’ll face if convicted. Courts tend to punish purposeful, cruel attacks much more severely than reckless accidents or heat of the moment fights.Legal Defenses Against 2nd Degree Assault Charges
Facing 2nd degree assault charges doesn’t automatically mean you’ll serve years in prison and permanently lose your rights. An experienced criminal defense lawyer can often get charges reduced or even dismissed by presenting evidence and legal arguments that cast doubt on the prosecution’s claims.Common defenses against 2nd degree assault charges include:
- Self Defense: Arguing that your actions were justified attempts to protect yourself from harm. The amount of force has to be proportional to the threat though. Punching someone who shoved you is very different from pulling a knife on an unarmed person.
- Accident: Explaining that while the victim’s injuries were severe, you never intended harm and it was just a reckless mistake or accident. Negligence doesn’t justify 2nd degree charges unless it reaches the level of criminal recklessness.
- Mistaken Identity: Challenging whether prosecutors can definitively prove you were the perpetrator if identities aren’t crystal clear. Eyewitness testimony is notoriously unreliable.
- Unreliable Evidence: Similarly, questioning the validity of evidence like witness testimony or circumstantial clues that allegedly tie you to the assault. Evidence has to be air-tight for such serious charges. Even minor inconsistencies create reasonable doubt.
- Mental State: Arguing you were legally insane and unable to control your actions or understand their consequences at the time. Very high legal bar to reach, but it is possible.
The exact approach depends a lot on the details of your specific case. An attorney can assess the evidence and circumstances to determine the most viable angles to get charges reduced or dismissed.The Next Steps After an Arrest
If you or a loved one have been arrested for 2nd degree assault charges, taking quick action is critical for mounting an effective defense later on. Here are some key steps:Get An Attorney ImmediatelySeriously, call an experienced local criminal defense lawyer as soon as possible after an arrest. You need someone in your corner from day one who can intervene with police and prosecutors. Early advocacy can sometimes prevent charges from even being filed in the first place.Say Nothing to PoliceDon’t try to talk your way out of things or make excuses when questioned by detectives or investigators. Be polite but firm that you will not answer any questions without your lawyer present. Even explanations meant to help can be twisted later.Start Gathering Exonerating EvidenceYour attorney can subpoena evidence like medical records, surveillance video, phone logs and other useful documentation. But you should reach out to friendly witnesses and gather anything that supports your innocence as well. Verified alibis, character references, and tangible proof matter.Get Help for Underlying IssuesIf substance abuse, mental health crises, or domestic violence played a role, seek counseling and treatment. Showing courts you’re committed to positive change can help mitigate penalties down the line.Weigh Plea Bargain vs Trial OptionsMost cases end in plea deals rather than trials. Your attorney will frankly assess chances of winning at trial versus getting charges dropped or reduced through negotiated settlements. The final call is always yours after understanding pros and cons.Stay Clean and Show UpStrictly follow all conditions of bail or parole while out awaiting trial. Show up on time and sober for every single hearing, meeting, evaluation etc. Non-compliance gives prosecutors leverage to seek stiffer penalties.Finding the Right Lawyer for Your 2nd Degree Assault Case
If you’re searching for help facing 2nd degree assault charges, choosing the right lawyer is obviously critical. Look for attorneys with specific experience handling violent felony cases in your jurisdiction. Key credentials that inspire confidence include:
- Strong record getting charges reduced & dismissed
- Familiarity with local prosecutors & judges
- Specialized knowledge of self-defense laws
- Experience arguing key defenses like insanity
- Resources to thoroughly investigate & subpoena evidence
- Commitment to personalized attention & communication
Google searches provide a starting point, but also ask trusted contacts like your family doctor or pastor for referrals. Most initial consultations are free too, so meet with a few options in person to get a feel for their commitment to defending you aggressively.Final Thoughts
Dealing with the fallout after causing serious injuries through recklessness or violent attacks feels scary and overwhelming. But experienced criminal defense attorneys have helped thousands through similar situations, preventing harsh prison sentences and permanent destruction of their lives and reputations.While the charges are exceptionally serious, all hope isn’t lost. Focus on taking one step at a time – hiring a lawyer, gathering favorable evidence, demonstrating commitment to make amends. An effective legal advocacy strategy combined with showing courts your positive intentions, actions and character can still lead to fair, just outcomes.