Last week in downtown Denver, a man entered the 7NEWS building and refused to leave. He apparently wanted to speak to a reporter about some information he had about immigration, demons and spirits. The man became confrontational when asked to leave and police were called to the scene. While the Denver Police were escorting the man out of the building, he began to resist and bit an officer on the hand. He fled and ran, but didn’t get very far before he was tased. The police officer is said to have suffered serious bodily injury from the bite.
Teeth = Deadly Weapon in Weld, Logan and Morgan County?
This man, among possible charges like Resisting Arrest and Trespassing, will probably face Assault charges as well. The degree of Assault that may be charged depends on a few variables:
- Was there a deadly weapon used?
- Was there serious bodily injury or just bodily injury?
- Was the victim a peace officer, firefighter, judge or court official?
- Was there intent to cause harm or was it a due to a reckless or neglectful act?
If the DA can prove that teeth can be a deadly weapon, First Degree Assault would be charged.
In the case above, it was reported the police officer suffered serious bodily injury. Under the law, this element alone will allow the district attorney to charge him with First Degree Assault or Second Degree Assault, since Third Degree Assault is only charged when nonserious bodily injury occurs. Now, if the DA can prove that teeth can be a deadly weapon, First Degree Assault would be charged. Also, if the district attorney can prove he intentionally, not recklessly, harmed the police officer, First Degree Assault would be charged.
Never speak with the Greeley, Evans or Windsor Police when contacted about a fight or other crime, which might be charged as Assault. Instead, after clearly exercising your right to remain silent, call the experienced attorneys from O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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