Tensions tend to run high when it comes to politics. With the upcoming presidential election and all the controversy surrounding the candidates, tensions seem to be especially high this year. One man decided to express his feelings about Donald Trump by throwing two tomatoes at him during a rally. While he seemed to be unsuccessful in his attempt, the tomato throwing did gather attention and the man was caught and arrested. Had this occurred in Fort Collins, Loveland, or Estes Park, he probably would be facing Attempted Third Degree Assault charges with Donald Trump listed as the victim.
Larimer County Assault in the Third Degree Lawyer: What is the Definition of 3rd Degree Assault?
The 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.
While the man did not actually cause any bodily injury, if the tomatoes had hit Mr. Trump, they could have caused pain. And really, that is all that is necessary to prove bodily injury. A person just needs to claim they felt some sort of pain and the bodily injury burden of proof is met. I think I would feel a little ridiculous getting someone charged with Assault for throwing a tomato, but maybe that’s just me.
[pullquote align=”center” textalign=”center” width=”100%”]Have you been charged with 3rd Degree Assault? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
Fort Collins Criminal Attempt Lawyer: What is the Definition of Criminal Attempt?
The Colorado law definition of Criminal Attempt – C.R.S. 18-2-101 – is:
When a person takes a substantial step toward committing an Assault (like throwing tomatoes with no actual contact), they can be charged with Attempted Assault. When Attempt is added to an underlying crime, the punishment for the crime becomes less severe. In the case above, 3rd Degree Assault is a class 1 misdemeanor extraordinary risk crime. When it is charged as Attempted 3rd Degree Assault, it becomes a class 2 misdemeanor offense. Either way, a Fort Collins Jail sentence is a possibility.