While I am not a smoker, I know people who smoke and their cigarette breaks are very important to them. Hiding their smokes would cause much distress. That same level of distress is what one woman felt when she accused her boyfriend of hiding her cigarette, and her reaction landed her in handcuffs. According to the news report, the boyfriend came into the police station to report that his girlfriend had cut his face with a piece of glass. He claimed that his girlfriend got mad and broke numerous things in their apartment because she thought he had hidden her cigarettes. The boyfriend’s cut was treated and the woman was criminally charged. Had this happened in Fort Collins, Loveland or Estes Park, the woman would have been arrested for Domestic Violence Assault.
Larimer County Assault Lawyer: What is the Definition of Assault in the Third Degree?
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.
Because the woman caused bodily injury to her boyfriend, she could be facing this extraordinary risk class 1 misdemeanor. The potential penalty for this level crime in Larimer, Boulder, and Grand County is 6 to 24 months in the Moffat County Jail and up to $5,000 in fines.
[pullquote align=”center” textalign=”center” width=”100%”]Have you been charged with Assault or a Domestic Violence crime? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
Fort Collins Domestic Violence Attorney: Fighting Back After Hiding a Cigarette
Domestic Violence is not a separate crime in Colorado. Instead it is a sentence enhancer added to any underlying crime. When an incident is reported and the alleged victim is in or has been in an intimate relationship with the accused, the Domestic Violence sentence enhancer is added. With this enhancement, a person is required to complete Domestic Violence treatment. Also, when a crime is deemed Domestic Violence, Fort Collins Police will make a mandatory arrest so a judge can enter a protection order, restricting contact between the alleged victim and the accused.