There is always a risk when taking a case to trial in Fort Collins, Loveland, and Estes Park. Sometimes the risk is worth it and sometimes, it’s just not. For one Jefferson County high school principal, it must have been worth the risk, as he took his Domestic Violence – 3rd Degree Assault charge to trial – and lost. Probably the principal felt he had to take the case to trial as most any plea bargain would result in a job loss. Initially, when the principal was arrested, he was suspended, but then allowed to return to work pending the trial. Now that the verdict has come back as guilty, the school district has once again placed him on leave. According to the news report, the principal had gotten into an argument with his wife after he accused her of cheating. It was reported that he kicked and punched her during the fight.
Larimer County 3rd Degree Assault Lawyer: What is the Definition of Assault in the Third Degree?
The Colorado law definition of Third Degree Assault – 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.
Based on the reports, his wife claimed the principal had kicked and punched her, causing bodily injury. In Larimer, Boulder, and Grand County, bodily injury means any physical, mental, or emotional pain. I’m sure a kick and a punch hurt, which means the actions met the elements of the crime.
3rd Degree Assault and Domestic Violence in Fort Collins: What is the Punishment for a Domestic Violence Offense?
In Fort Collins, Larimer County, and across Colorado, Domestic Violence is not a criminal charge, but a sentence enhancer added to any underlying crime. So, the principal above was convicted of the underlying crime Third Degree Assault. This is a class 1 extraordinary risk misdemeanor, meaning it is punishable by 6 to 24 months in the Larimer County Jail and up to $5,000 in fines. When the Domestic Violence sentence enhancer is added, more penalties are added to the sentencing including domestic violence treatment, a mandatory protection order, and loss of gun rights.