Fort Collins Municipal Assault and Trespassing Attorney | What’s with the Local Bar Scene?

Fort Collins Municipal Court seems to be getting a lot of Assault and Trespassing cases related to incidents at local bars between patrons and bouncers.
Fort Collins Municipal Court seems to be getting a lot of Assault and Trespassing cases related to incidents at local bars between patrons and bouncers.
Image Source: Pixabay-b1-foto

Recently, we have seen an increase in Fort Collins Municipal Court cases involving bouncers at the local Fort Collins bars. It seems that most of these cases have the same general story line: someone does something a bar patron or bouncer doesn’t like, bouncer tells that person to leave, a scuffle ensues, and someone ends up with Assault and Trespassing charges. Now, you know how bar bouncers “ask” someone to leave?  Pushing, shoving and flexing their muscles, bouncers aggravate the situation and get into a fight (with a drunk person).  It is generally not a good idea for a bouncer on steroids to try and force someone who has been drinking to try and do anything. Why not get a friend to talk to them and take the person outside? It seems these situations are not handled calmly, but escalated on purpose. Then it becomes the bar staff against our client- especially when the statements are exaggerated to harm our client. So, what does it mean to get charged with these Fort Collins City Court violations? Let’s take a closer look.

Fort Collins Municipal Assault Lawyer: What is Assault Under the Fort Collins Municipal Code in City Court?

According to Section 17-21 of the Fort Collins Municipal Code, Assault is defined as:

No person shall knowingly or recklessly cause bodily injury to another person or with criminal negligence cause bodily injury to another person by means of a deadly weapon. This provision does not apply in the event of serious bodily injury or if the assault is otherwise felonious.

Much like with the state law, ‘bodily injury’ means any pain caused by the actions of the accused. In the municipal bar cases we have seen, many times the bouncer claims they felt pain when the accused attempted to shrug them off as he was being man handled. In our experience with bar cases  in Fort Collins, Loveland and Estes Park, Assault is charged after an accidental contact with another person, not a purposeful attempt to hurt anyone.

Fort Collins Municipal Trespass Lawyer: What is City Court Trespass Under the Fort Collins Municipal Code?

According to Section 17-40 of the Fort Collins Municipal Code, Trespass is defined as:

No person shall enter or remain unlawfully in or upon property, whether publicly or privately owned. For the purposes of this Section, the term property shall include, but not be limited to, any land, dwelling, building, conveyance, vehicle or other temporary or permanent structure.

The reason the Fort Collins City Court Trespass charge is added is for one simple reason: if you don’t immediately vacate the bar or premises when told to. It’s just that simple. The minute the bar doesn’t want to serve you anymore (after they’ve emptied your wallet), and they tell you to leave, you must vacate the area or Trespassing can be charged. It can be for something as simple as waiting a moment to try and tell your friends at the bar that you are being kicked out. The Fort Collins Police know what to ask the witnesses and victims in order to add charges like Trespassing.

What is the Sentence / Punishment for Fort Collins Municipal Court Cases?

All traffic and certain misdemeanor offenses have specific sentencing guidelines that are written into the statute. For those without specific punishment ranges, like Assault and Trespassing, a general range applies. This includes:

a fine not exceeding two thousand six hundred fifty dollars ($2,650) or by imprisonment not exceeding one hundred eighty (180) days, or by both such fine and imprisonment, in addition to any costs which may be assessed.

This means a simple Fort Collins Municipal Court case could land you with a 6-month sentence to the Larimer County Jail. This is why it is important to have an experienced Fort Collins criminal defense attorney by your side when facing these types of charges. We work hard to get our clients a resolution that doesn’t put a permanent black mark on their criminal record.

If you or someone you love has been charged with a Fort Collins Municipal violation like Assault or Trespass, be smart, exercise your right to remain silent, and contact the best Fort Collins criminal defense attorneys from the O’Malley Law office at 970-658-0007 today. Together, we can protect your future.