Hands down, one of the best parts about going to Costco is the free samples. They say never to go to the grocery store hungry, but this place is the one exception to that rule. It seems one man was intent on enjoying numerous samples of free Nutella waffles and was not keen on anyone interfering. When a 78-year-old told the man hoarding the samples to just take one, the man punched the elderly gentleman in the face. He was immediately arrested and charged with 3rd Degree Assault of an At-Risk Adult, a felony offense in Greeley, Berthoud, and Windsor, Colorado.
Third Degree Assault in Weld County
Colorado law defines Assault in the Third Degree – C.R.S. 18-3-204 – as:
- The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon
In the case above, the DA would probably argue the man acted knowingly when he punched the elderly man in the face. Since the 78-year-old man only suffered from a small cut above his eye and some swelling, only bodily injury occurred – which is Third Degree Assault under Colorado law. ‘Bodily Injury’ means the victim suffered pain of some type.
Have you been charged with 3rd Degree Assault? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with 3rd Degree Assault? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Sentence for Assault Against an Elderly Person
Normally, 3rd Degree Assault is a class 1 extraordinary risk misdemeanor, which is punishable by 6 to 18 months in the Weld, Logan, or Morgan County Jail and up to $5,000 in fines. However, according to C.R.S. 18-6.5-103 – Crimes Against At-Risk Adults and At-Risk Juveniles – 3rd Degree Assault is punished more severely when the victim is an at risk adult:
Because an At Risk Adult includes anyone over the age of seventy, the Nutella loving man above would be facing this class 6 felony, which is punishable by 1 to 2 years in the Colorado Department of Corrections.
If you or someone you love has been charged with 3rd Degree Assault or a Crime Against an At-Risk Adult, be smart, exercise your right to remain silent, and contact the reasonably priced criminal defense lawyers from the O’Malley Law Office at 970-616-6009 to set up a free consultation. Together, we can protect your future.
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