Apparently, all-you-can-eat has its restrictions. When a group of friends went to Denny’s, one woman ordered the all-you-can-eat pancake plate to share with her friends. I guess sharing is not allowed, despite what your parents and teachers told you growing up. The waitress approached the woman to explain the policy and ask her to stop handing out the flapjacks. When the woman was confronted by the waitress, she took a swing at her and fled the restaurant. In the scuffle, some property was damaged and the woman was arrested for Criminal Mischief and 3rd Degree Assault.
Criminal Mischief in Weld County
The Colorado law definition of Criminal Mischief – C.R.S. 18-4-501 – is:
While the article did not disclose the amount of damage the woman caused, that number is very important when it comes to the Criminal Mischief statute in Greeley, Windsor, and Berthoud. The crime can be charged as a misdemeanor or felony depending on the amount of damage caused:
|
Class of Criminal Mischief Crime |
Aggregate Damage of all Property Harmed |
| Class 3 Misdemeanor Criminal Mischief | Less than $300 |
| Class 2 Misdemeanor Criminal Mischief | $300 to $749 |
| Class 1 Misdemeanor Criminal Mischief | $750 to $999 |
| Class 6 Felony Criminal Mischief | $1,000 to $4,999 |
| Class 5 Felony Criminal Mischief | $5,000 to $19,999 |
| Class 4 Felony Criminal Mischief | $20,000 to $99,999 |
| Class 3 Felony Criminal Mischief | $100,000 to $999,999 |
| Class 2 Felony Criminal Mischief | $1,000,000 or more |
Unless the woman was on a complete rampage, which I think would have been described in the article if that had been the case, she was probably charged with a misdemeanor. Based on the impression the new article left, I imagine she caused less than $1,000 worth of damage.
Have you been charged with Criminal Mischief or 3rd Degree Assault? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Criminal Mischief or 3rd Degree Assault? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
3rd Degree Assault in Evans and Erie
The Colorado law definition of Assault in the Third Degree – 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
Because the woman knowingly (with intent) caused bodily injury to the waitress, she was charged with this offense. In Weld, Morgan, and Logan County, to meet the law’s ‘bodily injury’ definition, all a person has to say is that they felt pain. I imagine getting punched in the face would cause some pain, but we have seen 3rd Degree Assault charged for much less, especially in Domestic Violence cases. 3rd Degree Assault Domestic Violence is commonly charged when police respond to any sort of domestic situation. Police know the right questions to ask to get the alleged victim to admit to feeling pain in order to charge this crime.
If you or someone you love has been charged with Criminal Mischief or Third Degree Assault, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
Image Credit: FreeDigitalPhotos.net – Serge Bertasius Photography