In Fort Collins and Larimer County, when a person is accused choking another, it is charged as Second Degree Assault. When the people involved are currently or have been in an intimate relationship, then the Assault is charged as an act of Domestic Violence. A reality TV star was recently arrested for this crime after the mother of his child claimed that he picked her up by the neck, threw her on the bed strangled her, and slapped her. Their child must have been in the home during the incident, because the man was charged for Child Abuse as well.
Larimer County 2nd Degree Assault – Strangulation: How is Assault in the Second Degree Charged in Colorado?
The Larimer County, Colorado law definition of Assault in the Second Degree – C.R.S. 18-3-203 – is:
(a) Repealed.
(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or
(c.5) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person; or
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or
(e) For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or
(f) While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court
(f.5) While lawfully confined in a detention facility within this state, an actor with intent to infect, injure, or harm a person in a detention facility whom the actor knows or reasonably should know to be an employee of a detention facility, causes such employee to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including, but not limited to, throwing, tossing, or expelling such fluid or material.
(g) With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another; or
(h) With intent to infect, injure, or harm another person whom the actor knows or reasonably should know to be engaged in the performance of his or her duties as a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, he or she causes such person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including by throwing, tossing, or expelling such fluid or material; or
(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.
An allegation of strangulation would result in a Second Degree Assault charge under subsection (i). A charged under this subsection is a class 4 felony, which is punishable by 2 to 6 years in the Colorado Department of Corrections.
Assault as an Act of Domestic Violence: How is DV Charged in Loveland, Colorado?
Domestic Violence is not a criminal charge in Loveland, Colorado. It is a sentence enhancer. This means that it can be tagged onto ANY crime when the two people involved are currently or have been in an intimate relationship. When the DV sentence enhancer is added, there are additional conditions both pre and post conviction. When a crime is considered an act of Domestic Violence, there is a mandatory arrest – no exceptions. It doesn’t matter if it is non-violent. A judge will also put a mandatory protection order in place, preventing the accused from having contact with the alleged victim. If convicted of a DV crime, then Domestic Violence treatment would be an element of the sentence.
If you or someone you love has been charged with a Domestic Violence crime, 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. Together, we can protect your future.
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