The Greeley Tribune recently published a story that seriously blew my mind. There seems to be almost a sibling like rivalry between snowboarders and skiers, both thinking their chosen snow sport is superior to the other. But apparently, some people take this oppositional stance very serious, serious enough to commit an Assault. The incident occurred at Aspen Highlands this past weekend. A skier was on the chairlift sitting next to a snowboarder. At first the two didn’t speak but as they traveled up the mountain they began discussing the fresh snow. The skier made a comment alluding to the superiority of skiing and the snowboarder responded with what he felt to be a very harmless response. However, the skier took offense and pushed the snowboarder off the lift. The snowboarder fell approximately 25 feet down, face first into a pocket of soft snow. Luckily, he was not hurt, so he continued to snowboard and reported the incident later that evening. The skier has not yet been identified, but could be facing Assault charges if he is ever caught.
Weld County Assault Lawyer – What Potential Charge Could the Skier Be Facing?
Colorado law has defined three specific degrees of Assault that apply in Weld, Morgan, and Logan County: First Degree Assault – C.R.S. 18-3-202, Second Degree Assault – C.R.S. 18-3-203, and Third Degree Assault – C.R.S. 18-3-204. Each one is charged based on intent, weapons used, and degree of injury. In the case above, I think the skier could be facing either Attempted Second Degree Assault or Attempted Third Degree Assault, depending on the skier’s intent and potential injury. If the intent was to cause bodily injury and the DA decides the incident could have caused serious bodily injury to the snowboarder (like a broken leg or concussion), then the skier could be facing 2nd Degree Assault – Attempt. On the other hand, if the skier’s intent was to cause bodily injury and the DA decides the situation could have caused bodily injury, then the skier would be looking at Attempted 3rd Degree Assault charges.
Have you been charged with Assault? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Assault? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Greeley Serious Bodily Injury Versus Bodily Injury – What are the Definitions?
When dealing with Assault charges in Greeley, Windsor, and Berthoud, there are two vital definitions: serious bodily injury and bodily injury. The Colorado law definition of ‘serious bodily injury’ is:
‘Bodily injury’ is defined by Colorado law as:
So, it is left up to the Weld County District Attorney’s office to decide what type of injury the snowboarder could have sustained in order to decide what level of Assault to charge.
Evans Criminal Attempt Defense Attorney
When a person takes a ‘substantial step’ toward committing a crime, the charge becomes an Attempt crime. In the example above, the skier took a substantial step toward injuring the snowboarder. Because there were no injuries, this does not mean the skier is off the hook. While the DA could not charge him with the Assault because his actions do not meet all the requirements of the statute, the DA can charge him the Attempt to commit Assault. Generally, when the Attempt tag is added to the underlying crime, it lowers the felony or misdemeanor level. If the skier was charged with 2nd Degree Assault, a class 3 felony, then Attempted Second Degree Assault would be charged as a class 4 felony.
If you or someone you love has been charged with Assault in the First, Second, or Third Degree, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office right away. Together, we can protect your future.
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