3rd Degree Assault Colorado - Of all three assault offenses in Colorado, third-degree assault, C.R.S. 3-18-204, was most often charged in Fort Collins, Loveland and Estes Park. This frequency occurs because proof of bodily harm is not required, and police feel they have to charge when they respond to calls about a fight or altercation.
Elements of the offense include: intentional or reckless bodily harm or criminal negligence to cause bodily harm with a deadly weapon. A "bodily injury" occurs when the victim is in pain. That's an easy threshold, and why the crime is the most commonly charged assault in Colorado. A third-degree attack can also occur when a person exposes government emergency workers to hazardous fluids or materials. Regardless, these elements are central to evaluating each case because they represent what the government must prove to a jury in order to convict a citizen.
3rd Degree Assault Colorado
When a person is wounded with the intentional use of a deadly weapon such as a knife or gun, or if someone is seriously injured, it will result in a felony charge of first-degree assault or second-degree assault. These felony assault cases could lead to convictions by the Colorado Department of Corrections.
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Unless a weapon is involved or serious injury occurs, infighting usually leads to a third-degree assault charge, which is a first-degree misdemeanor. As a very dangerous crime, the offense could carry a sentence of up to 24 months or up to five years of probation in the Larimer County Jail. In some cases, judges will waive up to sixty days of jail time as a condition of probation.
Our attorneys routinely use self-defense to defend men and women who have been charged by Fort Collins Police, Loveland Police, or the Larimer County Sheriff. For this defense to be most effective, never discuss your case with law enforcement. Many of our clients have tried unsuccessfully to persuade police not to press charges or make arrests, which only hurts their chances of standing trial. We are most successful when we are able to handle cases without client representation. The district attorney trained the police to try to get the accused to give a statement about what happened. With this goal in mind, officers and agents will approach a person at a crime scene and show genuine interest in what the person has to say. Once they finish speaking, the police will arrest them. Often, speakers are misquoted, and such misrepresentations are included in police reports and officers' trial testimony.
Domestic violence can be added to any of the three assault charges. The slight pushing between the boyfriend and girlfriend will be charged with third-degree domestic violence assault. This DV crime enhancer is serious as it can result in the loss of gun rights and security clearances in the United States. In the normal course of these cases, a woman calls the police, and Larimer County officials arrest the man for battery or domestic violence. In this case, the police tend to arrest the man because 1) the woman calls the police first, and 2) because she is more attractive and appeals to the "rescue" mentality of the police. It is harder for a man to get justice in a personal assault case, even if he suffers more injuries than women.
Bar fights between drunks often result in assault charges. Assault allegations are common due to the drinking of college students at CSU. Alcohol contributed the highest percentage of our assaults. It's best not to drink too much because people make bad decisions when they're drunk. Even normally calm people can get into trouble when they drink.
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If the police contact you about a fight or an argument involving shoving or the use of a weapon, please be smart, exercise your right to remain silent and contact one of our experienced defense attorneys at 970-658-0007 or submit the Contact Us form. We can Let's protect your future together.
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