Assault Terms and Definitions for Weld County

Assault terms and definitions are commonly applied to court cases involving Assault charges. Many of these terms are also used in other types of cases, like Child Abuse or Sexual Assault.  Weld County police and Sheriff deputies from cities like Greeley, Fort Morgan, Hudson, Platteville, and others in northern Colorado, abide by these court terms and definitions.

Extraordinary Risk Crime Definition in Greeley Courts

Crimes that are labeled with "Extraordinary Risk" are crimes that are deemed to be of a higher risk to society and public safety. Because of this, they are sentenced more severely. This means the accused could spend more time in prison than someone convicted of other crimes. 3rd Degree Assault, C.R.S. 18-3-204, is a common example of an Extraordinary Risk Crime.

For example, for a class 1 misdemeanor, that is a non-extraordinary risk crime, the accused would face between 6 months and 18 months in the Weld County Jail, a fine between $500 and $5,000, or both. But if the accused is facing a class 1 misdemeanor that is an extraordinary risk crime, they face the possibility of 6 to 24 months in County Jail, a fine between $500 and $5,000, or both. This increased jail sentence is to make some crimes more important than others.

Below is a broad chart to demonstrate which crimes are considered Extraordinary Risk for both Felony and Misdemeanor crimes. Click the crimes for more information.

Felony Extraordinary Risk Crimes Misdemeanor Extraordinary Risk Crimes
Crimes of Violence Assault
Child Abuse Child Abuse
Unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance with the intent to sell, distribute, manufacture, or dispense Second and all Subsequent Violations of a Protective Order
Stalking Unlawful Sexual Contact
Sale or distribution of materials to manufacture controlled substances Failure to Register as a Sex Offender
Invasion of Privacy for Sexual Gratification Invasion of Privacy for Sexual Gratification
Human Trafficking for Involuntary Servitude False Reporting of an Emergency
Human Trafficking for Sexual Servitude Sexual Assault
Sexual Assault on a Child

 

Heat of Passion Definition for Court in Weld County

Furthermore, “Heat of Passion” crimes are crimes where the accused is so overcome with emotion, or provoked so much, that they commit a crime in the heat of the moment. This clause assists the accused by reducing the severity of their punishment. To clarify, the "Heat of Passion" defense tells those involved that the accused was so high on raw emotion that they were no longer thinking reasonably, and their actions were purely reactive.

A common example of a Heat of Passion Assault is when a husband walks in, ignorantly, to his wife's affair, and ends up beating up the other man. He is so overcome with anger, jealousy, and hurt, that his emotions take over and he attacks the other man. Obviously, the husband was not thinking rationally, or was in a position where he could think rationally, before committing the crime. Heat of Passion is applicable to 1st, 2nd, and 3rd Degree Assault charges.

Deadly Weapon Definition for Grand County Court

Law enforcement defines "Deadly Weapon" as any item that can inflict serious harm and cause serious bodily injury to someone. Obviously, firearms, knives, baseball bats, hammers, and broken bottles can all clearly be Deadly Weapons according to this definition. However, even body parts can be considered to be a Deadly Weapon since people are able to, and do, use their body to cause harm. Often times, Assault, whether it is the 1st, 2nd, or 3rd Degree, is charged with the use of a Deadly Weapon if a serious injury has occurred.

For example, if someone falls down the stairs due to being kicked down, the attacker has used a deadly weapon since it was their initial kick that caused the victim to fall. If someone uses their fists to attack someone and the victim has died or suffers head trauma, the attacker's fists have become Deadly Weapons.  Anything can be a Deadly Weapon.

FACING ASSAULT IN GREELEY OR WELD COUNTY?

Be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O’Malley Law Office.

Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer in Weld County and the Greeley area for a free consultation.

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