In Fort Collins and Larimer County, Third Degree Assault is charged when a person causes bodily injury to another. A woman was recently arrested for this crime after grabbing her husband’s genitals. According to the report, the husband was sleeping on the couch and the woman approached and aggressively grabbed his penis. The husband claimed that the pain he felt caused issues with walking. The wife admitted to grabbing her husband, but claimed it was an act of foreplay and she was trying to arouse him. The police must not have understood, as they arrested the woman and charged her with Domestic Violence Assault.
Larimer County Assault in the Third Degree Attorney: Definition of Third Degree Assault Foreplay
The Larimer County, Colorado law definition of Assault in the Third Degree – C.R.S. 18-3-204 – 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.
Under Colorado law, ‘bodily injury’ means:
The threshold to meet the bodily injury standard is low. All a victim has to do is claim that they felt pain by another person’s actions and Third Degree Assault can be charged.
Sentence for Domestic Violence Third Degree Assault in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Third Degree Assault is a class 1 misdemeanor extraordinary risk crime. This means it is subject to an extended sentencing range. DV 3rd Degree Assault is punishable by 6 to 24 months in the Larimer County Jail and up to $5,000 in fines. The Domestic Violence sentence enhancer means that along with the potential jail sentence, a person will have to complete domestic violence treatment and they will not be allowed to have possession of any firearms while the case is pending and the sentence is being served.
If you or someone you love has been charged with Third Degree Assault, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future.
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