For anyone who has had to wait in line at the DMV for what feels like forever, only to be told to get in a different line or that you can’t be helped, you may understand where this woman was coming from. She did not have all the information and documents required to get whatever she needed, but refused to leave. When the State Trooper approached her to escort her from the premises, she kicked the officer in the groin and then proceeded to fight him while he tried to get her under control. Then she stated, “I am leaving,” (like it would just be that simple) and was told that she was under arrest. I know there have been times where I have felt like kicking something after dealing with the incredibly inefficient Department of Motor Vehicles, but I think this was taking things a little too far. Lucky for her, she was only charged with Resisting Arrest. In many similar situations, 2nd Degree Assault is the resulting charge.
2nd Degree Assault – Assault on a Police Officer in Larimer County
The Colorado law definition of Assault in the Second Degree – C.R.S. 18-3-203 – is:
(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
(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
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon”
Anytime a police officer suffers bodily injury (any pain- physical or emotional) or serious bodily injury (broken bone, burns, or damage to organs), this class 4 felony is charged. If convicted, the accused would face a mandatory prison sentence with an extended maximum. The potential sentence for a Second Degree Assault on a Police Officer charge is 4 to 12 years in the Colorado Department of Corrections. That’s an awfully long time for a kick in the crotch.
If this event had occurred against another person who is not a peace officer, firefighter, emergency medical care provider or emergency medical service provider, it would have been charged as a 3rd Degree Assault, which is a misdemeanor crime.
If you or someone you love has been charged with 2nd Degree Assault on a Police Officer, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.