At the Larimer County Courts in Colorado, subjecting another person to unwanted and non-sexual physical contact can result in one of two charges: Harassment or Assault in the Third Degree. Both offenses are charged when a person subjects another to offensive physical contact. However, these crimes are separate, distinct charges with different intents. Below, our top criminal defense lawyers discuss battery, or offensive contact, in Northern Colorado:
1. Larimer County Court Definition of Harassment, C.R.S. 18-9-111
The Larimer County Court definition of Harassment, C.R.S. 18-9-111, as it relates to offensive contact, is as follows:
(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact.
Harassment can be charged for many different actions, including merely touching another person. All the District Attorney must prove is that the defendant intended to harass, annoy, or alarm the other person he touched. Most often, if the victim claims there was contact, but no pain resulting from the contact, then Harassment is charged.
2. Assault in the Third Degree, C.R.S. 18-3-204 in Fort Collins
Assault in the Third Degree, C.R.S. 18-3-204, is a similar charge to Harassment in Fort Collins. Colorado’s 3rd Degree Assault law is as follows:
(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.
Third Degree Assault is often charged for “knowingly or recklessly [causing] bodily injury to another person.” In other words, this crime is also charged for subjecting another to unwanted physical contact – but the intent and the end result are different from Harassment. All a victim has to say is that the contact caused pain, and the result will be a Third Degree Assault charge.
3. 3rd Degree Assault vs. Harassment in Loveland and Estes Park
In Loveland and Estes Park, 3rd Degree Assault and Harassment both involve subjecting another person to unwanted physical contact. However, there are two primary differences between the two crimes:
Intent: Harassment is charged when the defendant intended to harass, alarm, or annoy the other person. Third Degree Assault, however, only involves “knowing” or “reckless” behavior that results in bodily injury to another.
End Result: Generally, the end result of Assault in the Third Degree is minor, non-serious bodily injury – including pain, bruising, small cuts, etc. Harassment generally does not involve bodily injury to the other person; rather, it usually only involves annoyance or alarm.
4. Penalties for Third Degree Assault and Harassment in Larimer County
Whether you have been charged with Third Degree Assault or Harassment in Larimer County, you are facing a class 1 misdemeanor charge. Penalties for either charge include up to 364 days in the Larimer County Jail and a fine of up to $1,000. Personal consequences will also result: job loss, inability to apply for public benefits, and many others due to your Larimer County Court criminal record. The best criminal defense lawyer can represent you and protect you from repercussions that will create irreparable damage to you and your future. Don’t wait, and call us today so that you can entrust your future to an experienced and knowledgeable criminal defense attorney.
Have you been charged with Harassment or Assault in the Third Degree? First, exercise your right to remain silent – do not talk to the Fort Collins Police or Larimer County Sheriff. Then call 970-658-0007 to talk to one of our top criminal defense lawyers about your case. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Keira Burton