Assault is a serious crime in Fort Collins and Larimer County. However, when the alleged victim is considered an At-Risk Adult, then the Assault charge becomes even more serious. In Colorado, any Assault on At-Risk Adult is a felony, no matter the level of injury. A man recently made national headlines when he was charged with felony Assault on At-Risk after an argument with his brother. According to the report, the disagreement was over a piece of key lime pie. The older brother had apparently been saving this piece of key lime pie, but those plans were foiled when he found his 65-year-old younger brother eating it. An argument ensued and the younger brother ended up pouring two glasses of water on his older brother to ‘cool him down.’ Police were called and the younger brother was arrested and charged with the felony Assault, even though there were no injuries! The older brother did state that he thought his younger brother’s actions would escalate to a more physical attack, but other than the water, there was no physical contact. I’ve seen many cases where a person is severely overcharged, but to charge a felony Assault when the affidavit specifically states there were no injuries? Sounds ripe for a dismissal if you ask me.
Fort Collins Assault on At-Risk Lawyer: How is Assault on At-Risk Charged in Colorado?
In Fort Collins, Larimer County, Colorado, Assault on At-Risk – C.R.S. 18-6.5-103(3) – is charged as follows:
(b) Any person who commits a crime of assault in the second degree, as such crime is described in section 18-3-203, and the victim is an at-risk person, commits a class 5 felony if the circumstances described in section 18-3-203 (2)(a) are present and a class 3 felony if such circumstances are not present.
(c) Any person who commits a crime of assault in the third degree, as such crime is described in section 18-3-204, and the victim is an at-risk person, commits a class 6 felony.
The Assault statutes are extensive in Colorado, and there are many different subsections for each degree of Assault. They cover the use of weapons, intent, and level of injury sustained. The least serious of the three is Third Degree Assault and involves an allegation of physical contact resulting in bodily injury (a pain, no matter how slight). Usually a class 1 misdemeanor, this crime is a class 6 felony if the alleged victim is an At-Risk Adult.
At-Risk Assault Over Key Lime Pie: What Makes a Person an At-Risk Adult in Loveland and Estes Park?
Colorado law defines At-Risk Adult as:
So, for this to be charged in Fort Collins, Loveland, or Estes Park, the older brother must be at least 70 years old to be deemed At-Risk.
If you or someone you love has been charged with Assault on At-Risk, 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.
Photo by Caramelle Gastronomia