Having physical contact with a significant other is often charged as Third Degree Assault as an act of Domestic Violence in Greeley and Weld County. An actress from Glee was recently arrested for this crime after her husband called police to report she had hit him in the head and the face. According to the report, the two were arguing about their child when the fight escalated and became physical. The husband apparently had a video, which corroborated his version of events. In Greeley, Erie, and Evans, when someone calls police about a Domestic Violence event, an arrest is always made and a mandatory protection order is entered.
Weld County Assault in the Third Degree Lawyer: Definition of Third Degree Assault for Actress
The Weld, Morgan, and Logan County, 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; 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 care 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.
In Weld County, bodily injury means any physical pain, so a claim that physical contact was made and it caused pain would meet the criteria of this crime. As an extraordinary risk class 1 misdemeanor, 3rd Degree Assault is punishable by 6 to 24 months in the Weld County Jail and up to $5,000 in fines.
Domestic Violence Lawyer in Greeley and Fort Morgan
When someone reports a crime, and the alleged victim has been in an intimate relationship with the accused, then the Domestic Violence sentence enhancer will be added to the underlying crime. So, if the situation above had occurred in Greeley, Fort Morgan, or Sterling, the crime would be Third Degree Assault and the DV sentence enhancer would be added, which adds sentencing requirements like DV treatment.
If you or someone you love had been charged with Third Degree Assault or any crime involving Domestic Violence, be smart, exercise your right to remain silent, and contact the best criminal defense attorney from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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