A woman was arrested and charged with 3rd Degree Assault as an act of Domestic Violence (DV) after elbowing and kicking her husband in bed. What provoked this attack? He was ‘allegedly’ farting. According to the news report, the husband and wife were in bed when he began to pass gas repeatedly. The wife elbowed him at this point and kicked him out of the bed. When he returned a short time later, he continued with his flatulence and she reacted by elbowing and kicking him again. When police arrived, the husband was found with a spilt lip and several scratches across his chest. The wife was arrested for Assault in the Third Degree – DV, a very common charge in Greeley, Windsor, and Evans.
Weld County 3rd Degree Assault for Farting: What is the Definition?
The Colorado law definition of Third Degree Assault – C.R.S 18-3-204 – is:
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.
The law defines ‘bodily injury’ as:
Basically, all a ‘victim’ has to do is claim they felt pain in order to get a person charged with Third Degree Assault in Weld, Morgan, and Logan County. Police know exactly what questions to ask to get a ‘victim’ to say they felt pain by the actions of the accused. That is why this crime is so commonly charged – little to no proof is needed other than the statement of the accuser. Physical evidence in the form of scratches, redness, or bruising will make a weak case pretty strong for the Greeley Police and district attorney.
Have you been charged with Assault or an act of Domestic Violence? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Assault or an act of Domestic Violence? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Greeley Colorado Domestic Violence Attorney
Anytime an assault accusation is made and the two people involved in the altercation are in an intimate relationship, the Weld County Domestic Violence sentence enhancer is added. This means Domestic Violence is not itself a crime, but instead added to a crime to make the punishment worse. For 3rd Degree Assault – Domestic Violence, the accused would not only be facing the sentencing requirements from the Assault charge, but also mandatory domestic violence classes and a protection order preventing any contact with the accuser. In many cases, the accused person is ordered not to return home and to stay away from their kids. With so much at stake, you need an experienced criminal defense lawyer to defend you.
If you or someone you love has been charged with Third Degree Assault or a Domestic Violence crime, be smart, exercise your right to remain silent and contact the best criminal defense lawyers from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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