Domestic Violence is a sentence enhancer that can apply to ANY underlying crime charged in Fort Collins and Loveland. Whether it be a non-contact offense, like Theft or Criminal Mischief, or a contact offense, like Assault or Harassment, the Domestic Violence enhancement is the same. Recently, a singer was in the middle of a concert in Colorado, when he stopped the show because of something he saw in the audience. He claimed to have witnessed a man hit the woman he was with. He requested security and law enforcement respond to the area and kick the man out. It was not reported whether the man was arrested and charged, but if he was, he was likely charged with Third Degree Assault or Harassment, as an act of Domestic Violence.
Loveland Assault in the Third Degree Lawyer: Definition of 3rd Degree Assault in Larimer County
The Loveland, Larimer County, 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 key to charging this crime is bodily injury. All a person has to say is that the physical contact caused pain and Third Degree Assault will be charged. 3rd Degree Assault is a class 1 misdemeanor.
Harassment Defense Attorney in Fort Collins: What Constitutes Harassment in Colorado?
The Fort Collins, 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
(d) Repealed.
(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.
When related to physical contact, the Harassment would be charged under subsection (a) – strike, shove, kick or other unwanted physical contact. If the alleged victim does not claim they felt pain, then there would be no injury, so Harassment would be charged.
Larimer County DV Defense Lawyer in Loveland: Domestic Violence Sentence Enhancer
When a crime is charged with a Domestic Violence sentence enhancer, it means the crime was committed against someone with whom the actor is or has been in an intimate relationship. The sentence enhancer means there are additional conditions to sentencing, like participating in and completing domestic violence treatment.