Often, Burglary cases involve someone unlawfully entering a residence or business to steal something. However, the secondary crime (i.e. Theft) does not have to involve stealing someone else’s property. In fact, Burglary involves trespassing with the intent to commit ANY other crime. Recently, a man was arrested and charged with Burglary and Assault after police responded to home invasion allegations. According to the report, residents at an apartment complex called in about a man kicking in apartment doors. It was determined that he had no connection to the complex or anyone who lived at the residences he allegedly broke into. Two people were assaulted during the incident. So, the man was arrested and charged with Burglary and Assault. Likely he could be facing Criminal Mischief charges as well.
Assault Charges in Fort Collins: Burglary and Assault Lawyer in Colorado
Assault in charged in Fort Collins and Larimer County based on the level of injury, intent, and the use of weapons. For an Assault where the person suffered bodily injury (any pain) and no weapon was used, then it would be a Third Degree Assault. While no specifics were given in the article above, if the man had punched one of the residents in the stomach and the punch caused pain, but no more serious injury was incurred, then this would be the resulting charge. If, for example, the man punched the resident in the face and caused a break to his nose and cheekbone, this would be considered serious bodily injury and therefore would result in a Second Degree Assault charge. If the man had broken down the door and shot a resident, it would likely be charged as First Degree Assault, as long as the person shot survived.
Sentence for Assault in Loveland and Estes Park
Each level of Assault is charged differently depending on which subsection it is charged under in Fort Collins, Loveland, and Estes Park. A Third Degree Assault charge is always a class 1 misdemeanor. A charge for Second Degree Assault really depends on the circumstances surrounding the charge, but can be a class 6 felony, a class 4 felony or a class 3 felony. First Degree Assault is a class 3 felony, unless it is performed in a sudden heat of passion – then it is a class 5 felony. No matter which level of Assault you have been charged with, you don’t want to handle any Assault allegations on your own.
If you or someone you love has been charged with Assault, 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 your free initial consultation. Together, we can protect your future.
Photo by Lukas