When a person in Greeley or Weld County is accused of causing bodily injury or serious bodily injury to a peace officer, Second Degree Assault – Assault on a Peace Officer is charged. Recently, a Colorado sheriff deputy went to serve an eviction notice at an apartment, and four squatters were instructed to leave the premises. Most of them complied, but one decided to fight back against the officer and refused to leave. Another man joined in on the attack on the officer and backup was called. Both men were arrested and neither deputy was seriously injured. The original instigator was charged with Second Degree Assault on a Peace Officer, Resisting Arrest, and Obstructing a Peace Officer.
Assault in the Second Degree Defense Lawyer: Definition of Assault on a Peace Officer in Weld County
There are many different actions that can result in 2nd Degree Assault charges. Specifically related to police officers, the Weld County, Colorado law definition of Assault in the Second Degree on a Peace Officer – C.R.S. 18-3-203 – is:
(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or
(c.5) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person; or
(h) With intent to infect, injure, or harm another person whom the actor knows or reasonably should know to be engaged in the performance of his or her duties as a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, he or she causes such person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including by throwing, tossing, or expelling such fluid or material
So, as far as Assault on a Peace Officer goes, there are three different ways it can be charged:
- To stop a police officer from performing a lawful duty, he causes bodily injury; or
- To stop a police officer from performing a lawful duty, he causes serious bodily injury; or
- With intent to harm, he causes a police officer to come into contact with bodily fluid like blood, urine, mucus or other toxic material.
Penalty for Assault on a Police Officer in Milliken and Johnstown
In Milliken and Johnstown, Assault on a Peace Officer is a class 4 felony. Depending on the subsection charged, it can be considered a crime of violence which can seriously affect the sentencing guidelines.
If you or someone you love has been charged with Assault on a Peace Officer, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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