Definition of Third Degree Assault in Greeley, Windsor and Weld County, Colorado – C.R.S. 18-3-204
Please note that the vast majority of prosecutions of this crime come under subsection (a), which is very similar to, and just a step above Harassment. Greeley, Windsor and Weld County, Colorado law defines Assault in the Third Degree as follows:
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(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.
Approximately half of our cases for this misdemeanor crime involve couples, and are charged as Domestic Violence.
Weld County Court, Third Degree Assault and the Pain Requirement for Bodily Injury
The definition from subsection (a) should alert you that anyone who pushes, shoves, slaps, or hits another person can be charged. All police need to do is to convince their “victim” to say they felt some type of pain. It is really that simple. Without pain, the crime turns into Harassment, a lower class of misdemeanor. When Evans, Eaton or Windsor Colorado Police show up after being called by a neighbor or a spouse, and they will first separate the two parties. Next, they try and get one of them to say that the other hurt them. The, they’ll ask questions to meet the essential parts of Assault, such as the pain / bodily injury element. We often see officers next move to their Domestic Violence checklist, and ask their victim if it meets those elements. If it does, then someone is going to jail for Domestic Violence.
Assault in the Third Degree and Domestic Violence in Evans, Eaton, Greeley or Windsor Colorado
Windsor, Greeley, Evans and Eaton Police charge Domestic Violence cases whenever the incident involves two people who have been in an intimate relationship. Prior sex between the parties was a prerequisite in the past, but standards are laxed to include even more people in criminal activity, and today it is no longer needed. The other part of the crime is that it needs to involve some degree of coercion, control, revenge, intimidation, or punishment. Colorado police will scrutinize the story of what happened and ask leading questions of their victims to build their case. Things like: What do you think his reason for blocking your exit was? Didn’t you feel like he was trying to control you? Wasn’t he trying to get back at you when he pushed you down? Don’t forget: Domestic Violence is not a crime by itself, but is a label which attaches to other crimes. It can involve the abuse of animals, property or people. This definition also includes any threats or actions involving violence. So, police must ask the crime questions as well. The complete Colorado law on Domestic Violence can be found at C.R.S. 18-6-800.3.
Weld County, Colorado, 3rd Degree Assault or Assault in the Third Degree
The crime of Third Degree Assault / Assault in the 3rd Degree often includes Domestic Violence allegations. They just fit together well for the conduct of fighting couples. We’ve seen many cases where a woman calls police to calm down a situation, and she ends up getting arrested because she scratched, slapped or pushed a man. Officers never come to “settle things down.” They come to make an arrest and that is usually their goal. Sure, we see bar fights or fights between roommates and family members, but they are not as common as those involving DV. Police always try to get someone to admit that they or another was involved in physical contact. They are seeking to get evidence to use against you. You can’t talk your way out of being arrested, so don’t answer their initial questions or talk about what happened. It does not work that way.
Call our excellent criminal defense lawyers about your 3rd degree assault charges at 970-616-6009. Together, we can protect your future.
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