Patrick Mulligan’s Expert Testimony Helps End Mandatory Sentencing for Second Degree Assault

In the Spring of 2016, Patrick Mulligan was asked to testify before the Colorado Legislature on a Bill that would end mandatory prison sentencing for the crime of Second Degree Assault.

Patrick was asked to testify based on his expertise in litigating post-conviction issues, including Rule 35b and Rule 35c motions to reduce or vacate sentences.  Patrick testified twice, once before the State House Judiciary Committee, and once before the State Senate.

In his testimony, Patrick explained that in 29 years of experience in trial, appellate, and post-conviction litigation, he had seen many Second Degree Assault cases in which defendants were unfairly and unjustly sentenced to prison, solely because the judge was required to impose prison.

Patrick explained that while he and others had succeeded in getting a number of unfair and unnecessary convictions and sentences overturned, the defendants in those cases often spent many months—or more—in prison before they were afforded relief.

The Colorado Legislature eventually voted to change the mandatory sentence requirement on Second Degree Assault. The Governor signed the bill into law in the summer of 2016.  Defendants charged with Second Degree Assault are no longer faced with a mandatory prison sentence if convicted.  This allows for a much more fair and just treatment of people accused of this offense in Colorado.

Patrick Mulligan’s expertise in trial, appellate, and post-conviction (Rule 35c) litigation proved to be critical in eliminating an unfair mandatory sentencing law.  If you or someone you love is facing or has been convicted of a criminal offense, you want a lawyer with the experience and expertise to handle the case.  Call us at 303-295-1500.

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