Knowingly causing bodily injury to another is charged as Third Degree Assault in Greeley, Erie, and Evans. When the victim is pregnant, the case is considered aggravated and will result in a mandatory sentence to the Weld County Jail. A man is wanted for injuring a pregnant woman after she refused to give him $2. According to the report, the man approached the woman and asked her for money. When the woman told him she didn’t have any money, he kicked her in the stomach. The woman, who is 5 months pregnant, was taken to the hospital. If the woman sustained serious bodily injury, or if the baby died because of the kick, the man would be facing much more serious charges, like Second Degree Assault or Unlawful Termination of Pregnancy.
Weld County 3rd Degree Assault Lawyer: Definition of Assault in the Third Degree
The Weld, Morgan, and Logan County, Colorado law definition of Assault in the Third Degree – C.R.S. 18-3-204 (1)(a) – is:
(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
Third Degree Assault is a class 1 extraordinary risk misdemeanor, which means that the possible sentence is extended longer because this crime is seen as especially harmful to society. Instead of the class 1 misdemeanor presumptive range of 6 to 18 months in the Weld County Jail, the class 1 extraordinary risk misdemeanor is punishable by 6 to 24 months in the Logan County Jail.
Mandatory Jail Sentence for Third Degree Assault Against a Pregnant Woman
Often in Third Degree Assault cases, probation is a sentencing option. However, these cases are aggravated when the victim is pregnant. According to the sentencing guidelines, if the victim is pregnant and the accused knows the victim to be pregnant, then the court MUST sentence the accused to 6 to 24 months in the Weld County Jail. There is no wiggle room on that. Now, if the record is not made that the victim was pregnant, and the plea agreement was to plead to 3rd Degree Assault with no aggravators, then probation is still an option.
If you or a loved one has been charged with 3rd Degree Assault, 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 your free consultation today. Together, we can protect your future.
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