Assault in the Third Degree, C.R.S. 18-3-204, is somewhat similar to Harassment, C.R.S. 18-9-111 (1) (a) in Greeley, CO. Either offense can be charged for subjecting another to unwanted physical contact, and both are charged as class 1 misdemeanors. The primary difference between these two crimes is the outcome. Whether the alleged victim felt pain, or whether they instead felt alarmed or annoyed, makes the difference between these Third Degree Assault and Harassment. In either case, it is always imperative to contact a top criminal defense lawyer if you have been charged with one of these crimes.
Assault in the Third Degree, C.R.S. 18-3-204 in Greeley
Assault in the Third Degree, C.R.S. 18-3-204, is defined as follows in Greeley:
(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.
Colorado’s Law on Harassment, C.R.S. 18-9-111 at the Weld County Court
Similarly, Colorado’s law on Harassment, C.R.S. 18-9-111, as it relates to physical contact, is as follows at the Weld County Court:
(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact.
Harassment vs. Third Degree Assault in Milliken and Ault
While both offenses are class 1 misdemeanors, Third Degree Assault and Harassment are charged for slightly different reasons in Milliken and Ault. Generally, Third Degree Assault is charged when a person causes pain or non-serious bodily injury to another person. Harassment is instead charged when one person subjects another to physical contact, but doesn’t cause pain. Depending on the circumstances, however, both crimes may be charged for the same incident.
3rd Degree Assault and Harassment as Crimes of Domestic Violence in Greeley
Despite this key difference between 3rd Degree Assault and Harassment, one major similarity between both crimes in Greeley is that they are frequently charged as crimes of Domestic Violence. This takes place when the defendant previously was or currently is in an intimate relationship with the alleged victim.
Conviction of either of these offenses can result in up to 364 days at the Weld County Jail and/or a fine of up to $1,000. If the DV sentence enhancer was added to either offense, the defendant will then be required to pursue Domestic Violence treatment and relinquish their firearms (yes, even for a misdemeanor offense). If you have been charged with either crime, don’t wait to get in touch with a top criminal defense lawyer. Call us today to discuss your case, and we can help you protect your future.
Have you been charged with Harassment or Assault in the Third Degree? Always be smart, and exercise your right to stay silent. Then call 970-616-6009 to discuss your case with a top criminal defense attorney from the O’Malley Law Office today. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
Photo by Keira Burton