Assault on a Peace Officer – charged as Second Degree Assault in Fort Collins and Loveland, Colorado – is charged when a person is accused of harming a police officer. A man was recently charged with this crime after he allegedly kicked a police officer while being treated at a hospital. The article noted the man was being held at the medical facility on a mental health hold. This is a dilemma we are seeing more and more often. People are receiving medical care and told that they no longer have the freedom to leave, usually because they are a danger to themselves or to others. However, they are fully held responsible for their actions against any hospital staff or law enforcement officer. It seems counter-intuitive – you can’t have it both ways. You can’t remove someone’s freedom and say that they are incapable of making sound decisions for themselves but then also say they are fully capable of forming intent to commit a crime. But, it seems to be happening more and more often.
Loveland Second Degree Assault on a Police Officer Lawyer: How is Assault on a Police Officer Charged?
There are four subsections that apply to assaulting a peace officer. Subsections (c), (c.5), (f), and (h) as listed below. The Loveland, Colorado law definition of Assault in the Second Degree – C.R.S. 18-3-203 – is:
(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or
(c.5) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person; or
(f) While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or, while lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child, he or she knowingly and violently applies physical force against a person engaged in the performance of his or her duties while employed by or under contract with a detention facility, as defined in section 18-8-203 (3), or while employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender; except that, if the offense is committed against a person employed by the division in the department of human services responsible for youth services, the court may grant probation or a suspended sentence in whole or in part, and the sentence may run concurrently or consecutively with any sentences being served. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203 (3), and who is required to report back to the detention facility at a specified time is deemed to be in custody.
(h) With intent to infect, injure, or harm another person whom the actor knows or reasonably should know to be engaged in the performance of his or her duties as a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, he or she causes such person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including by throwing, tossing, or expelling such fluid or material;
What is the Sentence of Assault on a Peace Officer in Larimer County
The sentence for Assault on a Peace Officer is complicated in Larimer County and across Colorado. The subsection charged and the extent of the injury greatly impact the level of felony charged. There can also be further aggravators that apply, which can extend a potential sentence as well. If you are facing Second Degree Assault charges, it’s best you meet with an experienced criminal defense attorney in order to get a better understanding of the potential outcomes of your particular case.
If you or someone you love has been charged with Second Degree Assault on a Peace Officer, 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 a free initial consultation.
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