Domestic Violence is a sentence enhancer charged with ANY underlying crime in Fort Collins and Colorado when the alleged victim and accused have been or currently are in an intimate relationship. A small town Colorado police chief was recently arrested and charged with a barrage of Domestic Violence offenses, including Second Degree Assault, Third Degree Assault, False Imprisonment, and Harassment all as an act of Domestic Violence. Let’s take a closer look at these Domestic Violence Assault charges.
How Can Someone Face Multiple Charges of Domestic Violence Assault? The Type of Physical Contact Matters
It seems hard to imagine – how can one instance be charged as both Second Degree Assault and Third Degree Assault? Well, it’s likely because of different levels of injury and statements made by the alleged victim. While details of this particular case have not been disclosed, here’s a hypothetical situation that could result in similar charges. Say, during an argument, things get physical. Maybe there was a hit across the arm. If this caused pain, but did not break any bones, then it would likely be charged as Third Degree Assault. Then, after the hit, maybe the person put their hands on the other’s neck and applied pressure (no matter how slight). This would be where the Second Degree Assault charge could stem from – strangulation. Add to that, if the person claimed that they were also kicked or shoved, that’s where the Harassment charge could come from. So, as you can see, there are a lot of different ways someone can be charged for having unwanted physical contact with another.
Sentence for Domestic Violence Assault Cases: Low Level Misdemeanor to High Level Felony
For the three physical contact crimes outlined above (Harassment, Third Degree Assault and Second Degree Assault), each have extremely different sentencing ranges. Harassment is the lowest level charge as a class 3 misdemeanor. This level misdemeanor is punishable by up to 6 months in the Larimer County Jail. The next is the Third Degree Assault, which is a class 1 misdemeanor extraordinary risk crime. This level misdemeanor is punishable by 6 to 24 months in the Larimer County Jail, which is an extended maximum than a regular class 1 misdemeanor. The final, Second Degree Assault, is the most serious charge. It can be charged as a class 6 felony, a class 4 felony, or a class 3 felony depending on the elements of the crime. For the strangulation allegation, it would be a class 4 felony.
If you or someone you love has been charged with Domestic Violence Assault, 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 your free initial consultation. Together, we can protect your future.
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