Assault in the Third Degree, C.R.S. 18-3-204, is the most common Assault charge in Colorado. Generally, this offense is charged when one person causes non-serious bodily injury to another. However, the threshold to be charged with 3rd Degree Assault is different when the alleged victim is a Fort Collins Police Officer or other first responder. To be charged with 3rd Degree Assault when a peace officer or other first responder is involved, all a person must do is force the officer to come into contact with a bodily fluid. This means that you can be charged with Third Degree Assault for spitting on a police officer. Additionally, the maximum term of incarceration at the Larimer County Jail doubles if you are convicted. If you have been accused of assaulting a Fort Collins Police Officer, don’t wait, and contact a top criminal defense lawyer today.
1. Colorado’s Law on Assault in the Third Degree, C.R.S. 18-3-204
Colorado’s law on Assault in the Third Degree, C.R.S. 18-3-204, is as follows:
(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.
Generally, a person is charged with this offense for causing minor injury to another. However, when the alleged victim is a law enforcement officer, firefighter, EMT, or other first responder, 3rd Degree Assault is charged for forcing them to come into contact with a hazardous material or bodily fluid.
2. How is Third Degree Assault Against a Fort Collins Police Officer Different?
Third Degree Assault against a Fort Collins Police Officer or other law enforcement officer is different from other circumstances of 3rd Degree Assault. In normal circumstances, a person would be charged with Assault in the Third Degree for causing non-serious bodily injury to another. However, if the alleged victim was a Fort Collins Police Officer, you need not cause bodily injury. All that a person has to do is cause the officer to come into contact with a bodily fluid or other hazardous material, provided that:
- The defendant knew or reasonably should have known that the victim was a Fort Collins Police Officer or other first responder, and
- They intended to harass, annoy, threaten, or alarm the officer or first responder.
What that means is that merely spitting on a police officer will result in Third Degree Assault charges. Depending on the circumstances, it is likely that you could also be charged with other offenses, such as Resisting Arrest and Obstructing a Peace Officer.
3. Larimer County Jail Time & Fines for 3rd Degree Assault Against a Loveland Police Officer
As a class 1 misdemeanor, 3rd Degree Assault Against a Loveland Police Officer is normally punishable by up to 364 days in the Larimer County Jail and a maximum fine of $1,000. However, if the victim is a Fort Collins Police Officer, Larimer County Sheriff’s Deputy, or other law enforcement officer, the maximum term of imprisonment doubles. This means that if you committed Assault against a Loveland Police Officer, you will face up to 728 days (approximately 2 years) in the Larimer County Jail.
If you have been charged with 3rd Degree Assault Against a Police Officer, don’t wait to contact the best Larimer County criminal defense lawyers today. Given our record of successfully representing clients charged with Assault over the span of more than 30 years, we can help protect your future too. Don’t wait, and call us today so that you can maintain your future and freedoms.
Have you been charged with Assault in the Third Degree Against a Police Officer? Be smart, and exercise your right to stay silent. Then get in contact with a top criminal defense lawyer with over 3 decades of experience at the O’Malley Law Office today at 970-658-0007 to discuss your charges. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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