Assault is a commonly charged Domestic Violence crime in Loveland and Fort Collins. There are three degrees of Assault that can be charged in Colorado: Assault in the First Degree, Assault in the Second Degree, and Assault in the Third Degree. There are MANY different actions that can result in an Assault charge. Let’s look at the common Assault charges related to Domestic Violence cases in Larimer County.
Larimer County Assault in the Third Degree – Domestic Violence: How is Third Degree Assault Charged in Colorado?
The Larimer County, Colorado law definition of Assault in the Third Degree – C.R.S. 18-3-204(a) – 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
Generally, this degree of Assault is charged when a person has physical contact with another and that contact causes injury – basically any pain. It could be charged as the result of a slap, punch, or kick. When the two people involved are currently or have been involved in an intimate relationship, then it is charged as an act of Domestic Violence. Assault in the Third Degree is a class 1 misdemeanor.
Fort Collins Second Degree Assault Lawyer: Common Domestic Violence Assault in the Second Degree Charges
There are many different subsections of the Second Degree Assault law. There are 4 that can be specifically related to Domestic Violence. The Fort Collins, Colorado law definition of Assault in the Second Degree – C.R.S. 18-3-203 – is:
(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or
(g) With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another; or
(i) With the intent to cause bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury.
Probably the most common subsection of 2nd Degree Assault – DV we see charged is (i) choking or strangulation. Assault in the Second Degree is a felony crime, charged differently based on the subsection it is charged under.
If you or someone you love has been charged with Domestic Violence 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 a free initial consultation. Together, we can protect your future.
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