The crimes of Assault or Harassment are two case types which lawyers most often face. So, what exactly are Assault and Harassment charges, and what makes them different?
Definition of Assault in the Third Degree in Weld County Court:
C.R.S. 18-3-204 defines Assault in the Third Degree 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; or
- 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.
In other words, some type of intent is necessary for this crime. Under subsection (a), you need to act knowingly, recklessly or with criminal negligence. In subsection (b), you need to have a more specific intent: one to harass, annoy, threaten or alarm. If you cause bodily injury to another person using yourself or a weapon, you can be charged with Assault of the Third Degree. This crime is also known as 3rd Degree Assault.
What is the definition of Harassment?
Definition of Harassment in Weld County Courts:
C.R.S. 18-9-111 defines Harassment as when someone:
- Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
- In a public place directs obscene language or makes an obscene gesture to or at another person; or
- Follows a person in or about a public place; or
- Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage; or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene; or
- Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
- Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home or private residence or other private property; or
Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response. In a nutshell, if you make unwanted physical contact with someone, or one of the other types of contact repeatedly, be it through physical force, crude gestures, or over the internet, you can be charged with Harassment. Just about any kind of disagreement can fit these broad terms of harassment, making this crime very easy to be accused of; especially due to the broad and vague nature of the wording used. In many instances, Harassment is the wild card used by police when they can’t find another crime that fits the accusations of an alleged victim.
The Real Difference Between Assault in the Third Degree and Harassment?
Did it hurt?
Yes, the answer is actually that simple. Assault in the Third Degree requires bodily injury, or in other words, pain. If an officer can convince the alleged victim to say they experienced pain, you could be charged with Assault in the Third Degree over Harassment. And, Third Degree Assault is a more severe crime, with a greater punishment – much greater.
Call our Greeley Criminal Defense Lawyers
You face serious charges in Weld County Court if charged with either Assault or Harassment. You need expert legal counsel to help fight these serious charges, and clear your record. If you or someone you love has been charged with Assault in the Third Degree or Harassment, be smart, use your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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