Domestic Violence (DV) in Fort Collins, Loveland, and Estes Park is a sentence enhancer that can be tacked on to any underlying crime. We see DV added to any charges when the victim is currently or has been in an intimate relationship with the accused. If convicted of a crime with this sentence enhancer, the defendant must complete Domestic Violence evaluations and treatment, be subject to the terms of a mandatory protection order, and potentially lose the right to bear arms. While the DV sentence enhancer can be added to any crime, there are definitely certain crimes that we see charged more often in Fort Collins, Loveland, and Estes when related to Domestic Violence: 3rd Degree Assault, Harassment and False Imprisonment. Let’s take a look at the elements related to these crimes and how they are easily charged in Domestic Violence cases.
Larimer County 3rd Degree Assault Lawyer: What is the Definition of Third 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.
The reason why we see Third Degree Assault charged so often in Larimer, Boulder, and Grand County Domestic Violence cases, is because of the bodily injury element. All a victim has to do is claim that the accused caused some pain, and 3rd Degree Assault can be charged. It may be something as simple as bumping into someone in an attempt to leave the heated situation and this extraordinary risk class 1 misdemeanor can be the resulting charge.
Fort Collins Harassment Attorney: What is the Definition of Harassment?
The Colorado law definition of Harassment – C.R.S. 18-9-111 – is:
(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
(b) In a public place directs obscene language or makes an obscene gesture to or at another person; or
(c) Follows a person in or about a public place; or
(e) Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene; or
(f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
(g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home or private residence or other private property; or
(h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.
Generally, in Domestic Violence cases, Harassment is charged when there is no other crime that fits the situation. Whenever Fort Collins police are dispatched to a Domestic Violence incident, they must make a mandatory arrest. To arrest someone, they have to charge them with a crime. That is where the very vague Harassment statute comes in. Often, we see this charge simply for yelling during a fight. People don’t usually say nice things when they are fighting, so name calling and insulting ensue. Under the Harassment statute, this behavior can result in a class 3 misdemeanor Domestic Violence charge.
Larimer County False Imprisonment Attorney: What is the Definition of False Imprisonment?
The Colorado law definition of False imprisonment – C.R.S. 18-3-303 – is:
During the heat of the moment, it is easy to get caught up and desperate. That tends to be the case when False Imprisonment is charged. It is usually one person blocking the doorway to a room or the entry of the house in a desperate attempt to stop their significant other from leaving. False Imprisonment is usually charged as a class 2 misdemeanor, however, it can be a class 5 felony if:
- The person uses force or threat of force to confine or detain the other person; and
- The person confines or detains the other person for twelve hours or longer.
Most of the time, we see the misdemeanor charge related to Domestic Violence cases in Larimer County.