Using physical force against peace officer, firefighter, or medical personnel is charged as Second Degree Assault on a Peace Officer, a felony, in Fort Collins and Larimer County. However, there is a misdemeanor charge related to Assaulting the Police and it is found under the Third Degree Assault statute. A woman is facing the more serious felony charge after being accused of kicking an officer in the crotch. According to the report, she was heavily intoxicated and kicked the police as he was trying to get her in the police cruiser. On the same day, I saw an article about a man spitting on a police officer, which in Colorado is charged as Third Degree Assault, an extraordinary risk misdemeanor charge.
Larimer County Assault in the Second Degree Attorney: Definition of Assault on a Peace Officer
The Larimer and Boulder County, Colorado law definition of Second Degree Assault – C.R.S. 18-3-203(1)(f) – is:
(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.
It does not matter if any bodily injury results in the force used against the police officer. Any force, even very slight can result in this charge. Second Degree Assault Against a Police Officer is a class 4 felony.
Third Degree Assault on a Peace Officer in Loveland: Bodily Fluids are Key
The Colorado law definition of Assault in the Third Degree – C.R.S. 18-3-204(1)(b) – is:
(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, 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.
Spitting on a cop would definitely fall under this statute and is charged as an extraordinary risk class 1 misdemeanor.
If you or a loved one has been charged with Second or 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 today. Together, we can protect your future.
Image Source: Pixabay-NickLooy