Excessive force allegations have been a very common thread in many news stories of late. Tensions are high between law enforcement and the community, and sometimes those tensions lead to actions that are beyond what was appropriate to the situation. A Loveland Police sergeant is facing charges for Third Degree Assault and Harassment after an investigation into excessive force claims were made. While not many details of the excessive force claims have been made public in order to protect the victim and witnesses involved, the allegations stemmed from a November arrest. The officer has been placed on paid administrative leave. Let’s look at these two crimes and the potential punishment this officer could be facing.
Larimer County Third Degree Assault Lawyer: What is the Definition of 3rd Degree Assault and Is It Excessive Force?
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.
Basically, in Larimer, Jackson, and Boulder County, Third Degree Assault is charged when you cause bodily injury to another person. By definition, bodily injury is any physical pain, so all a person has to do is say that they felt pain by your actions and Third Degree Assault can be charged. As a class 1 misdemeanor extraordinary risk crime, 3rd Degree Assault is punishable by 6 to 24 months in the Larimer County Jail and up to $5,000 in fines.
Fort Collins Harassment Lawyer: What is the Definition of Harassment?
The Colorado law definition of Harassment – C.R.S. 18-9-111 – is:
(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
(b) In a public place directs obscene language or makes an obscene gesture to or at another person; or
(c) Follows a person in or about a public place; or
(d) Repealed.
(e) Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene; or
(f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
(g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home or private residence or other private property; or
(h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.
Because we don’t know the exact allegations that are being made, it’s unclear exactly which sections apply to the officer’s case above. Most likely, it is related to the physical contact section (part a). As a class 3 misdemeanor in Fort Collins, Loveland, and Estes Park, Harassment is punishable by up to 6 months in the Boulder County Jail and up to $750 in fines.