Fort Collins Third Degree Assault Lawyer: What are the Necessary Elements?
Elements of this crime include: the knowing or reckless bodily injury to another person, or criminal negligence with a deadly weapon causing bodily injury. “Bodily injury” occurs when a victim experiences pain. This is an easy threshold to meet and is the reason this crime is the most frequently charged Assault in Colorado. Third Degree Assault can also occur when a person exposes a government emergency worker to fluids or a hazardous material. Either way, these elements are central in evaluating any case, because they represent what the government has to prove to a jury in order to convict a citizen of this crime.
When a person is injured from the intentional use of a deadly weapon like a knife or a gun, or if someone is seriously injured, felony charges of Assault in the First Degree or Assault in the Second Degree will result. These felony Assault cases can result in a sentence to the Colorado Department of Corrections.
Loveland Assault in the Third Degree Attorney: What is the Sentence?
Unless a weapon is involved or serious injuries occur, fights between people generally result in charges of Third Degree Assault, a class one misdemeanor. As an extraordinary risk crime, this offense can result in a sentence to the Larimer County Jail for up to twenty-four months, or probation for up to five years. In some cases, a judge will give up to sixty days of jail as a condition of probation.
Fort Collins 3rd Degree Assault Charges and Self Defense
Self defense is frequently used by our attorneys to defend men and women charged by the Fort Collins Police, Loveland Police, or the Larimer County Sheriff. For this defense to be most effective, never speak to law enforcement about the case. Many of our clients try unsuccessfully to talk police out of filing charges or making an arrest – only to hurt their chances at trial. We have the most success when we can approach a case with no statements from our client. District Attorneys train police to try and get defendants to make statements about what happened. With this goal in mind, officers and deputies will approach a person at the crime scene and act genuinely interested in what the person has to say. Once they are finished talking, police arrest them. Frequently, the people who talk are misquoted and this misrepresentation is included in police reports and officer trial testimony.
Larimer County Third Degree Assault – Domestic Violence
Domestic Violence can be added to any of the three assault charges. Minor pushing and shoving matches between boyfriend and girlfriend will be charged as domestic violence Assault in the Third Degree. This DV crime enhancer is serious because it can result in the loss of firearm rights and security clearances in the United States. In the usual course of these cases, a woman calls the police and then Larimer County officers arrest the man for assault, or domestic violence assault. Police are prone to arrest the man in a case like this because 1) the woman calls police first, and 2) because she is cuter and more attractive to the “rescue” mentality of police officers. It is more difficult for a man to get a fair shake in an Assault case, even if he has more injuries than the woman.
Boulder County Third Degree Assault Lawyer: Bar Fights
Bar fights among drunk people often result in Assault charges. With the college drinking population at Colorado State University, Assault charges are prevalent. Alcohol consumption results in the largest percentage of our Assault cases. It is always best to avoid over drinking, because people make poor decisions when drunk. Even people who are normally calm can get into trouble when drinking.
If police contact you about a fight or argument where pushing and shoving or the use of a weapon is involved, be smart, exercise your right to remain silent, and call our experienced defense attorneys at 970-658-0007, or submit the “Get Help Now” form.
Together, we can protect your future.