For an officer of the law in Greeley, Erie, or Evans, I would imagine that tensions run very high when a suspect decides to run and try to get away. Many officers do whatever they can to catch the suspect under their duty to protect, but it seems one Adams County Officer took things too far and ended up with more serious criminal charges than the suspect he was chasing down. According to the news report, the Adams County sheriff deputy was responding to a domestic violence report near Brighton when the suspect fled the scene and crossed over into Weld County. The man climbed onto the roof of a building and would not come down. The sheriff deputy went onto the roof to arrest the man. Through an altercation, the man fell off the roof. Weld County investigated the incident and found witnesses who saw that the man did not accidentally fall, but was forced off the roof by the sheriff deputy. The deputy was arrested and charged with Second Degree Assault, a felony in Colorado. The suspect was taken to a medical facility to be treated for his injuries, but was also placed in custody for various misdemeanor offenses including: Criminal Mischief as an act of Domestic Violence, 3rd Degree Assault – Domestic Violence, and Obstructing a Police Officer.
Weld County 2nd Degree Assault Attorney: What is the Definition of Assault in the Second Degree?
The Second Degree Assault statue is lengthy and has many subsections that describe the different circumstances under which a person can be charged with 2nd Degree Assault in Weld, Morgan and Logan County. The part that most closely aligns to the situation above is part (g). The Colorado law definition of Assault in the Second Degree – C.R.S. 18-3-203(g) – is:
Most likely, the deputy did not mean to cause serious bodily injury to the man, but by pushing someone off a rooftop, there is a high probability that the person will be injured.
Greeley Second Degree Assault: What is the Sentence for Second Degree Assault in Fort Morgan, Colorado?
For many of the subsections under the Second Degree Assault statute, the judge is required to sentence the defendant to the Colorado Department of Corrections. Fortunately for the deputy above, subsection (g) does not require a mandatory prison sentence. It is a class 4 felony, which is punishable by 2 to 6 years in the Colorado Department of Corrections and up to $500,000 in fines. Yes, a class 4 felony does allow for a prison sentence, it is just not mandatory, meaning a sentence to probation is a possibility if charged under this subsection.
If you or someone you love has been charged with 2nd 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 today. Together, we can protect your future.
Image Source: Pixabay – 547887