Assault in the Third Degree Attorney in Greeley, Colorado

3rd Degree Assault in Weld County

3rd Degree Assault Weld County, Colorado Criminal Defense Lawyer

Despite being the least severe Assault charge in Weld County, Colorado, Assault in the Third Degree is surprisingly dangerous for anyone who is charged with this crime.  One of the only criteria to be given an Assault in the Third Degree charge is that you caused pain to another person – even if you didn’t leave behind a single bruise or cut.  Assault in the Third Degree is divided into either knowingly, recklessly, or with criminal negligence, so unintentionally causing another person minimal pain can still lead to serious criminal charges and Weld County Jail time.  If you are suddenly facing Assault in the Third Degree charges, an experienced criminal defense lawyer can help you evaluate self-defense, and protect you at the Weld County Court.

Weld County Court Definition of Assault in the Third Degree, C.R.S. 18-3-204

The Weld County Court legally defines Assault in the Third Degree, C.R.S. 18-3-204, as:

(1) A person commits the crime of assault in the third degree if:

(a) The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or

(b) The person, with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.

C.R.S. 18-3-204 outlines two different ways of being charged with Assault in the Third Degree in Greeley.  The first is causing bodily injury knowingly, recklessly, or with criminal negligence.  Essentially, this means causing minor injury or even just pain – so even if you never leave a mark on someone, you can still be charged with Assault in the Third Degree.  You can also be charged with 3rd Degree Assault if you injure another person with a deadly weapon (e.g., a firearm, knife, bludgeon, etc.) if you were acting with criminal negligence.

The second way someone can be charged with this crime is by causing a first responder (e.g., a police officer, firefighter, or emergency medical service provider) to come in contact with a bodily fluid or another toxic material, with the end goal of harassing, frightening, or threatening that first responder.

Greeley Examples of Assault in the Third Degree, C.R.S. 18-3-204

Examples of Assault in the Third Degree in Greeley include:

  • Roger gets into an altercation outside a bar in downtown Greeley and throws a punch at the other person, not intending to hurt him, but wanting to warn him to back off. The other person isn’t injured, but a bystander still calls the police.  Roger is charged with Assault in the Third Degree and Disorderly Conduct.
  • Flora accidentally cuts her boyfriend Ralph with a chef’s knife after goofing around in the kitchen. The Greeley Police charge her with Assault in the Third Degree, but because Ralph is considered to be an intimate partner, she is also given a Domestic Violence sentence enhancer and arrested.
  • Caroline is placed under arrest by a police officer for being drunk and loud. She spits in his face in retaliation.  She is subsequently charged with Assault in the Third Degree.

The examples above are just a few scenarios of how a person can be charged with Assault in the Third Degree in Greeley, Colorado.  If you have specific questions about this offense, contact a leading criminal defense attorney who can assist you.

Third Degree Assault and Domestic Violence in Weld County – A Common “Couple” of Charges

Unfortunately, Assault in the Third Degree and the Domestic Violence sentence enhancer often go hand-in-hand in Weld County.  If the alleged victim in an Assault case is an intimate partner – either a current or former spouse, co-parent, or significant other – the person charged with Assault in the Third Degree will also be given a Domestic Violence (DV) sentence enhancer.  Not only will the person charged face penalties for the Assault charge, but he or she could also face additional penalties for the DV sentence enhancer, such as a mental health evaluation and DV treatment – both of which the defendant must pay for.

Sentence and Penalty for Assault in the Third Degree in Greeley, Colorado

Assault in the Third Degree is a class 1 misdemeanor in Greeley, regardless of intent or circumstances leading up to the Assault.  Class 1 misdemeanors are punishable by up to 364 days in the Weld County Jail and $1,000 in fines.  However, the maximum Weld County Jail sentence that a person may receive doubles if the victim is a first responder.  Hence, a defendant convicted of Assault in the Third Degree may spend up to 2 years in jail if he or she assaulted a police officer, firefighter, or EMT.

If the defendant is convicted of 3rd Degree Assault, the Weld County Court may also impose additional penalties, such as a requiring the defendant to take and pay for an anger management class.  Furthermore, if the defendant is convicted of other offenses, he or she will face additional penalties for those offenses.  Depending on the crimes, this could entail additional Weld County Jail or even Colorado prison time, as well as thousands more dollars in court fines, classes, and restitution to the alleged victim.

Why Hire a Top Weld County Criminal Defense Lawyer for Your  Assault Charge?

An Assault in the Third Degree charge can drastically impact the rest of your life if you are convicted in the Weld County Court.  It doesn’t have to be that way, however.  Hiring a top Weld County criminal defense attorney can result in a reduction of penalties and avoiding jail altogether.  Let us help you get the best possible outcome in your case – including a reduction in your charges or even a complete dismissal.  Don’t delay calling a leading criminal defense lawyer at the O’Malley Law Office who will defend you fiercely and protect your future.

Have you been charged with Assault in the Third Degree?  Be smart, and exercise your right to stay silent. Don’t answer any police questions.  Then, get in contact with a defense lawyer with decades of experience at the O’Malley Law Office today at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.

The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!

Get Help Now!