Have you been accused of Assault? Third Degree Assault – C.R.S. 18-3-204, is easily charged in Greeley, Evans, and Erie. You may find yourself asking if it is possible to get your Assault case dismissed. In this blog post, we’ll discuss what is involved in a 3rd Degree Assault case, and give you an example of a recent dismissal we obtained for our client. Let’s dig a little deeper into the Colorado Statute:
What is Third Degree Assault in Weld, Morgan, or Logan County?
A person will be charged with 3rd Degree Assault if they knowingly, recklessly, or with criminal negligence, cause bodily injury to another person using a deadly weapon, such as a knife, gun, or simply a fist (we have even heard of assault allegations where a person’s foot was designated as a deadly weapon). Third Degree Assault is also charged when a person spits or throws bodily fluids onto a police officer, EMT, or other law enforcement official, with the intent to annoy, harass, alarm, threaten, infect, or injure the officer. 3rd Degree Assault is a class 1 misdemeanor, but it is considered to be an extraordinary risk crime, which means a person could spend up to 2 years in jail.
If you have been accused of assault, contact us immediately to begin work on your case.
Can I Get My Third Degree Assault Case Dismissed?
Getting a dismissal of an Assault case in Frederick, Windsor, or Fort Lupton is an accomplishment. When one of our criminal defense attorneys gets a dismissal, we take pride in our accomplishment. We had a recent dismissal in a Third Degree Assault case: A husband and wife fought in a public place. This fight included cursing and yelling. Because of the disturbance they created, the police were called and questioned them both about the situation. During the interview with the police, the husband (who was quite drunk), told police his wife had slapped him, and that it “hurt.” For the police, this qualifies as Third Degree Assault. The woman contacted us after spending a night in jail. An attorney at our office spoke with the husband (who was distraught and felt responsible) who admitted the alcohol had clouded his mind. He thought she had slapped him, but later he realized she didn’t. One of our attorneys was able to approach the District Attorney about a dismissal of the charges; after a few court appearances and a fight for justice, all the assault charges were dismissed. If you have been accused of physically harming someone, contact us immediately. Depending on your unique circumstances, we may be able to get your Assault case dismissed.