I know in my house, having control of the TV remote is a powerful thing. Nobody likes to get stuck watching someone else’s show because they have the remote and get to decide what everybody watches. That was apparently the premise for a fight between a Greeley man and his girlfriend, only this fight ended with an arrest. The man and his girlfriend were apparently arguing over the remote when he punched her. He then threatened his girlfriend and her cousin with a machete. The man was arrested and charged with 3rd Degree Assault as an act of Domestic Violence and Felony Menacing. He is scheduled to appear in the Weld County Court next week.
Weld County 3rd Degree Assault Lawyer: What is the Definition of Assault in the Third Degree?
The Colorado law definition of Assault in the Third Degree – C.R.S. 18-3-204 – is:
(a) 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; or
(b) The person, with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.
For Third Degree Assault to be charged, all an alleged victim needs to claim is that they felt pain from the actions of the accused. That is all that it takes to meet the elements of ‘bodily injury.’ Police Officers in Evans, Erie, and Greeley are really good at getting victims to make the statement that they felt some sort of pain, whether intentional or unintentional, in order to charge this crime. As a class 1 misdemeanor and extraordinary risk crime, Third Degree Assault is punishable by 6 to 24 months in the Weld County Jail and up to $5,000 in fines.
Have you been charged with 3rd Degree Assault, Menacing or any Domestic Violence offense? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with 3rd Degree Assault, Menacing or any Domestic Violence offense? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Weld County Felony Menacing Attorney: What is the Definition of Menacing?
The Colorado law definition of Menacing – C.R.S. 18-3-206 – is:
(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.
While it was not specifically stated whether or not the man actually possessed a machete when he threatened the women, it really doesn’t matter. According to this statute, a machete would be considered a deadly weapon and all a person would need to do is say they have the machete and could be charged with the felony level of this crime. Felony Menacing is a class 5 felony and is punishable by 1 to 3 years in the Colorado Department of Corrections and up to $100,000 in fines.
Greeley Domestic Violence Lawyer: What Does It Mean to Be Charged with a Domestic Violence Offense?
Domestic Violence is not a crime in and of itself in Weld, Morgan, and Logan County. It is actually a sentence enhancer that can be attached to any crime. In the situation above, the underlying crimes the man was charged with, 3rd Degree Assault and Menacing, are his actual charges. The Domestic Violence sentence enhancer is added to each crime because the man allegedly committed the offense against a woman he was in an intimate relationship with. When DV is added to a crime, there are extra requirements that must be followed. A mandatory protection order is put in place prohibiting the accused from having any contact with the alleged victim. Also, after sentencing, the defendant will have to complete domestic violence classes.
If you or someone you love has been charged with 3rd Degree Assault, Menacing or any Domestic Violence related crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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