There are many different actions that can result in a Second Degree Assault charge in Fort Collins and Larimer County. One that we are seeing charged more and more often is resulting from a strangulation allegation – usually with a Domestic Violence sentence enhancer. A college basketball coach was recently arrested for this crime after police were contacted and a strangulation allegation was made. The protection order was modified to allow contact with the victim – if there was an imminent threat, why would he be allowed to have contact with her? According to the report, the alleged victim wants the case dismissed and all the charges dropped. However, unfortunately, the DA rarely cares what the victim wants unless they want punishment. He has not been fired, as it looks like the university actually believes innocent until proven guilty.
Larimer County Assault in the Second Degree Lawyer: Definition of 2nd Degree Assault Strangulation Allegation in Colorado
The Larimer County, Colorado law definition of Assault in the Second Degree – C.R.S. 18-3-203(i) – is:
(i) With the intent to cause bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury.
Often, police probe and know what to ask to get someone to say that there may have been some pressure applied to the neck. Say there was an altercation and the man was attempting to stop the woman from hitting him. In trying to grab her arms and restrain her, the two fall to the ground. In the scuffle, the man ends up falling on top of the woman and she claims there was some difficulty breathing and pressure on her neck. There doesn’t have to be any red marks, bruising, or any physical evidence to support a strangulation allegation.
Domestic Violence Defined in Loveland and Estes Park
According to Colorado law in Fort Collins, Loveland and Estes Park, Domestic Violence is:
This is why anytime an allegation is made when the person involved is in or has been in an intimate relationship, the Domestic Violence sentence enhancer is added. Domestic Violence is not a crime itself, but a conviction of a crime with this designation will require more treatment and hoops to jump through.
If you or someone you love has been charged with a Domestic Violence offense, 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 to schedule a free initial consultation. We also practice in Greeley – Weld County. CLICK HERE TO VISIT OUR GREELEY SITE. Together, we can protect your future.
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