Domestic Violence is a sentence enhancer added to any underlying crime, like Assault, in Greeley and Weld County. Recently, a TV dancer was arrested and charged with a Domestic Violence offense. Very little details were provided, including who the alleged victim is, but there was a 911 call made where the dancer claimed that his wife was throwing shoes at him. Regardless of that claim, he was the one who ended up in handcuffs for causing harm to another with whom he was/is in a relationship. However, the DA’s office released a statement that they were dropping the case, as they have insufficient evidence.
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What is the Domestic Violence Sentence Enhancer in Greeley?
According to Colorado law, found under C.R.S. 18-6-800.3 – Domestic Violence is defined as:
This means that any crime can be ‘an act of domestic violence.’ When a crime is alleged and the actor is or was in an intimate relationship with the victim, then it is considered an act of Domestic Violence and the DV sentence enhancer would apply. When a person is sentenced to a crime with the Domestic Violence sentence enhancer, additional conditions will be required. Some of these requirements include:
- Participating in and completing a DV evaluation and any recommended treatment;
- Abide by the mandatory protection order, which may prevent you from living at home or easily seeing your children;
- Not possess any firearms (even if it was a non-violent crime)
How is Third Degree Assault Charged in Erie?
In Erie and Evans, Colorado, Assault in the Third Degree – C.R.S. 18-3-204 – is defined as:
(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; or
(b) The person, with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.
All someone has to say is that they felt pain in order to meet the ‘bodily injury’ requirement. Third Degree Assault is a class 1 misdemeanor, punishable by up to 364 days in the Weld County Jail.