You know the saying “don’t cry over spilled milk?” Well, one man should have followed that saying – it would have saved him from criminal charges. According to the news report, the man allegedly reacted in anger when his wife reached for some peanut butter and knocked over a glass of milk. He apparently wanted it cleaned up immediately, so he grabbed his wife, flipped her upside down, and used her head as a mop to clean up the milk mess. The wife claimed this was not the first time he had done something like this and she was fed up. She then called the police. The man was arrested and charged with 3rd Degree Assault as an act of Domestic Violence (DV).
Larimer County Third Degree Assault Lawyer – What is the Definition Related to the Spilled Milk Case?
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.
It is not hard to get charged with 3rd Degree Assault in Larimer, Boulder, and Grand County. According to Colorado law, Bodily injury means any physical, mental, or emotional pain. All a person has to say is that they felt some sort of pain, and the Third Degree Assault is usually charged. Police are very good when questioning alleged victims at getting them to admit they felt some sort of pain during the interaction, especially when it comes to domestic situations. This is an important requirement of Third Degree Assault, so officers are trained to ask leading questions in order to get the answers they need to prosecute the accused.
[pullquote align=”center” textalign=”center” width=”95%”]Have you been charged with Third Degree Assault or any Domestic Violence crime? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
Fort Collins Domestic Violence Attorney – Not a Crime Itself, but DV Charges Result in Punishment
Domestic Violence is not a crime that can be independently charged in Fort Collins, Loveland, or Estes Park. Instead, it is a sentence enhancer added to any other crime. Any time a crime is charged, the domestic violence enhancer is added if the alleged victim was in an intimate relationship with the accused. This does not mean it has to be a current relationship. It can be with an ex or former partner that you have been separated from for years. If you are facing a crime with a DV tag, extra requirements and punishments will be added to your sentence. You will be required to pay for and complete domestic violence treatment – a 36 week course. You will also be required to abide by the mandatory protection order that may prevent you from having contact with your accuser, which could keep you from seeing your kids or living at your home. With so much at stake, you need the experienced Domestic Violence attorneys from the O’Malley Law Office to protect you.