In Fort Collins, Assault in the Third Degree / Third Degree Assault is charged when a person causes non-serious bodily injury to another. While this definition is straightforward, Assault charges themselves are often complicated. Our top criminal defense lawyers are often asked about the Larimer County Court system, potential jail time for a conviction of an Assault charge, and many other aspects of these criminal charges. Below, our attorneys answer 10 FAQs on 3rd Degree Assault charges in Larimer County:
1. Will I Go to the Larimer County Jail for a First Offense of Assault in the Third Degree?
If you are convicted of Assault in the Third Degree for the first time, Larimer County Jail time is a possibility. However, several different factors affect how you are sentenced at the Larimer County Courts. For that reason, hiring a top criminal defense lawyer who can advise you as to the penalties you may face is essential. Also see point #10.
2. Does Spitting on Someone Count as Third Degree Assault in Fort Collins?
In most cases, spitting on another person does not result in Third Degree Assault charges in Fort Collins. A person who spits on another would instead face Harassment charges for subjecting him to unwanted physical contact. However, spitting on a Fort Collins Police Officer – or forcing her to come into contact with any other bodily fluid – would be charged as Third Degree Assault.
3. When is 3rd Degree Assault a Domestic Violence Crime in Loveland and Estes Park?
3rd Degree Assault can be charged with a Domestic Violence / DV sentence enhancer in Loveland and Estes Park if the defendant was in an intimate relationship with the victim at any point. This means that if the defendant was ever romantically involved with or married to the alleged victim, or they are co-parents of the same child, he will be given a DV sentence enhancer.
4. What is the Definition of Bodily Injury at the Larimer County Courts?
At the Larimer County Courts, bodily injury is defined under C.R.S. 18-1-901 as “physical pain, illness, or any impairment of physical or mental condition.” With Third Degree Assault, this means that you can be charged with this offense if you cause any physical pain to another person. Even if you don’t leave behind a mark, you can still be charged for causing bodily injury to the other person. All someone has to say is that the contact hurt, and 3rd Degree Assault will be charged.
5. What are Deadly Weapons in Fort Collins?
One way that a person can be charged with Assault in the Third Degree in Fort Collins is by causing bodily injury to another person with a deadly weapon due to criminal negligence. C.R.S. 18-1-901 defines deadly weapons as:
- Firearms, regardless of whether they are loaded.
- Any other weapon, device, instrument, material, or substance capable of producing death or serious bodily injury – even if its intended use is not to cause such harm to another person.
6. Is it Third Degree Assault if I Use Self-Defense in Loveland and Estes Park?
In some cases, self-defense is justifiable in Loveland and Estes Park, and would not be considered Assault if used correctly. However, for this to be the case, specific elements must be present. Read more about self-defense as an affirmative defense here.
7. How Do Penalties Change for Assault Against a Fort Collins Police Officer?
When a person commits Assault in the Third Degree against a Fort Collins Police Officer, the maximum term of incarceration doubles. Normally, 3rd Degree Assault is punishable by up to 364 days in the Larimer County Jail. If the victim is a police officer or other first responder, however, the maximum term is 728 days – that is, roughly 2 years.
8. What Other Penalties Do the Larimer County Courts Impose for 3rd Degree Assault?
Depending on the circumstances, the Larimer County Courts may impose time at the Larimer County Jail of up to 364 days for a conviction of 3rd Degree Assault. You could also face a fine of up to $1,000.
9. Can a Juvenile Be Charged with Third Degree Assault in Loveland and Estes Park?
Yes, a juvenile can be charged with Third Degree Assault in Loveland and Estes Park. Children 10 years old and older can be criminally charged at the Larimer County Courts. However, the juvenile court process is different from the process of when an adult defendant is tried for a crime in several regards. Learn more about juvenile crimes here.
10. Should I Hire a Fort Collins Lawyer for Assault in the Third Degree Charges?
You should hire a Fort Collins criminal defense lawyer if you have been charged with Assault in the Third Degree. Representation by the best criminal defense attorney is essential to mitigating the potential penalties against you. Depending on the specific circumstances of your case, the charges against you could even be dropped. Outcomes like these only happen with an experienced and knowledgeable lawyer defending you at the Larimer County Courts. Don’t wait to contact us today to talk to a lawyer whose greatest priority is protecting your future.
Have you been charged with Assault in the Third Degree? First, be smart, and exercise your right to remain silent. Then talk to criminal lawyer with decades of experience about your charges at the O’Malley Law Office today at 970-658-0007 today. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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