A hammer is often a handy tool, but it’s not so handy when it’s used as a weapon. According to a recent news report, a man was charged with Second Degree Assault and False Imprisonment as an act of Domestic Violence after allegedly using a hammer to attack his girlfriend. Apparently, he had suggested to his girlfriend that she get his name tattooed on her chest. When she refused, things went south quickly. The man is accused of stopping his girlfriend from trying to leave and then using the hammer to assault her. They had only been dating for about a month at the time of the incident and now the man is facing serious penalties that will stay with him a lot longer. A break-up is certain to follow.
Weld County Assault in the Second Degree Attorney: What is the Definition of 2nd Degree Assault?
The Colorado law definition of Assault in the Second Degree – C.R.S. 18-3-203(1)(b-d) – 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
(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or
(c.5) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person; or
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon.
Based on this Assault definition, the man was probably charged with this crime for meeting part (b) of the statute. An important definition related to the Second Degree Assault law is ‘deadly weapon.’ In Weld, Morgan, and Logan, County, ‘deadly weapon’ means:
(II) A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.
Because the definition is vague enough to cover any item that can cause serious bodily injury, a hammer would definitely be considered a deadly weapon in the above situation and that is why the man is facing the class 4 felony charge of Second Degree Assault. There is another charge he is likely to encounter.
Greeley False Imprisonment Lawyer: What is the Definition of False Imprisonment?
By keeping the woman against her will, the man is likely to be charged with False Imprisonment. The Colorado law definition of False Imprisonment – C.R.S. 18-3-303 – is:
Because the boyfriend is accused of blocking his girlfriend from leaving the home, he is facing this class 2 misdemeanor. Simply blocking the door way can be considered confining or detaining someone and that is why this crime is so often charged, especially in relation to Domestic Violence in Greeley, Erie, and Fort Lupton.
Morgan County Domestic Violence Attorney: What is a Domestic Violence Offense?
Domestic Violence is a sentence enhancer added to any underlying crime when the accused and the alleged victim are currently in or have previously been in an intimate relationship. When the Domestic Violence sentence enhancer is added, the sentencing requirements are harshened. A person convicted of a Domestic Violence offense will be required to complete domestic violence treatment (usually at least a 36-week course) and will be subject to a mandatory protection order preventing contact between the alleged victim and the accused.
If you or someone you love has been charged with 2nd Degree Assault, False Imprisonment or any Domestic Violence offense, 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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