Third Degree Assault is charged in Greeley and Weld County when a person is accused of causing bodily injury to another. A man was recently found guilty of this crime at trial, and was sentenced to two years of probation. According to the report, the man, a social media influencer and retired professional skier, had gotten into a fight with another man while they were out snowmobiling. Apparently, the two had not been getting along, things escalated and the man was accused of strangling, punching, and biting the other man. The defense argued that it was an act of self-defense because victim had been threatening him repeatedly. Ultimately, the jury found the man not guilty of the Second Degree Assault (Strangulation), but guilty of Assault in the Third Degree and Disorderly Conduct (Fighting in Public).
Greeley Assault in the Third Degree Lawyer: Definition of 3rd Degree Assault in Colorado
The Greeley, Colorado law definition of Assault in the Third Degree – C.R.S. 81-3-204 – 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; 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.
Most often, we see these cases charged under subsection (a) – for causing bodily injury to another. In Colorado law, bodily injury means ‘physical pain, illness, or any impairment of physical or mental condition.’
Sentence for Third Degree Assault in Erie and Evans
In Erie and Evans, Third Degree Assault is a class 1 misdemeanor. This level misdemeanor is punishable by up to 364 days in the Weld County Jail. But, jail is not the only option for sentencing in these types of cases. The man in the story above was sentenced to two years of probation.
If you or someone you love has been charged with Assault in the Third Degree, 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.
Image by Laurent Bartholet from Pixabay