Our top criminal defense lawyers frequently see Assault in the Third Degree charged as a Domestic Violence crime at the Larimer County Courts. Tensions often flare between significant others and spouses as they argue with each other, leading one to reach out and push the other. No major bodily injury was caused, but the alleged victim claims to be in pain. They then call the Fort Collins Police, who are required by Colorado law to arrest the accused person if enough probable cause exists. Unfortunately, this can result in criminal Third Degree Assault charges with a Domestic Violence sentence enhancer. If you are in a similar situation and have been charged with DV 3rd Degree Assault, don’t wait – contact a top criminal defense lawyer today.
1. Fort Collins Definition of Assault in the Third Degree, C.R.S. 18-3-204
The Fort Collins 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.
Third Degree Assault is the least severe Assault charge in Fort Collins and throughout Colorado. Unfortunately, this also means that there is a much lower threshold to be charged with 3rd Degree Assault. All you have to do to be charged is cause non-serious bodily injury to another person. Just causing minor physical pain – regardless of whether so much as a cut or bruise is left behind – meets this requirement.
2. When is Third Degree Assault Charged as a Domestic Violence Offense in Larimer County?
Third Degree Assault is often charged as a Domestic Violence offense in Larimer County. This takes place when the accused person was in an intimate relationship with the alleged victim at any point. An intimate relationship can include any of the following:
- Romantic relationships, regardless of whether a sexual relationship exists.
- Marriage.
- Co-parenting – that is, the defendant and victim had a child together.
In other words, Assault in the Third Degree is charged as a DV crime when a person causes non-serious bodily injury to a current or former significant other, spouse, or co-parent.
3. What are the Penalties for 3rd Degree Assault as a DV Crime in Loveland and Estes Park?
Unfortunately, even as a class 1 misdemeanor offense, 3rd Degree Assault as a DV crime comes with a plethora of different penalties in Loveland and Estes Park. These include:
- Up to 364 days in the Larimer County Jail
- Fine of up to $1,000
- Mandatory DV treatment, which the defendant must pay for
- Permanent loss of your ability to purchase or own firearms and ammunition
Any time a defendant is alleged to have engaged in an act of Domestic Violence, penalties increase significantly. When DV is not added as a sentence enhancer, Assault in the Third Degree will only entail incarceration and a fine. However, the addition of the DV sentence enhancer means that if convicted, the defendant would also have to attend treatment and relinquish firearms that he may have.
4. Contact a Top Fort Collins Third Degree Assault / Domestic Violence Lawyer Today
If you have been charged with Third Degree Assault with a Domestic Violence enhancer, know that the best thing you can do is to contact a top criminal defense lawyer today. Conviction of this offense will entail numerous repercussions on your future. You will be passed over for jobs because of your criminal record, which cannot be sealed. You also cannot possess a firearm to protect yourself or your family. A top criminal defense lawyer can protect you from consequences like these that will result from conviction. Don’t wait, and contact us today so that we can help you protect your future.
Have you been charged with Assault in the Third Degree as a Domestic Violence crime? Be smart, and exercise your right to stay silent. Then get in contact with a criminal lawyer with decades of experience at the O’Malley Law Office today at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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