Warm weather means time for outdoor activities in Greeley, Fort Morgan, and Evans, like hanging out pool. One pool party was cut short very quickly after a teenager decided to take things a step too far. According to the news report, a video was captured at a neighborhood pool, when a 68-year-old woman tried to intervene on an unauthorized party at the pool. The woman allegedly asked the partiers to keep it down and in return, the teen picked the woman up and they both fell to the ground. He then drags her on the ground and throws her into the pool. The woman was treated for injuries. The teen turned himself in to face the charges of Assault on a person 65 years of age or older. In Weld, Morgan, and Logan County, the similar crime would be Assault on an At-Risk Person – but would it apply in this situation?
Weld County Assault Against an At-Risk Person Lawyer: What is the Definition of Assault on an At Risk Adult?
The Colorado law definition of Assault Crimes Against At-Risk Persons – C.R.S. 18-6.5-103(3) – is:
(b) Any person who commits a crime of assault in the second degree, as such crime is described in section 18-3-203, and the victim is an at-risk person, commits a class 5 felony if the circumstances described in section 18-3-203 (2) (a) are present and a class 3 felony if such circumstances are not present.
(c) Any person who commits a crime of assault in the third degree, as such crime is described in section 18-3-204, and the victim is an at-risk person, commits a class 6 felony.
When the crime of Assault is committed against an at-risk person, the penalties are greater. Third Degree Assault is normally a class 1 misdemeanor, but if the victim is an at risk person, then it is charged as a class 6 felony.
Who is an At Risk Person in Greeley, Colorado?
There are four different labels related to an At-Risk person:
- At-risk adult – a person who is seventy years of age or older or a person who is 18 years of age or older and has a disability
- At-risk adult with IDD – a person who is 18 years of age or older and has an intellectual and developmental disability
- At-risk elder – a person who is seventy years of age or older
- At-risk juvenile – a person who is under the age of 18 and has a disability
Based on these definitions, the teen above would not be facing the Assault against an At Risk Person charge if this had occurred in Greeley, Erie, or Evans because the woman was not yet 70 years old.
If you or someone you love has been charged with a crime against an at risk person like Assault, be smart, exercise your right to remain silent, and contact the best Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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