Are you facing Assault in the Third-Degree in Greeley or Weld County? The attorneys at the O’Malley Law Office are here to answer all of your questions an learn the details of your 3rd Degree Assault case. Anytime a person knowingly, recklessly, or with criminal negligence, inflicts bodily injury on another person, Third-Degree Assault can be charged. Our attorneys know that mistakes happen, injuries can occur when people are messing around – so it is important to hire a top Weld County defense attorney if you are facing Assault charges. Below our best Assault attorneys will help you understand more about Assault in the Third Degree and why you should call us for help you with your case.
Colorado Definition of Assault in the Third Degree, C.R.S. 18-3-204
The Colorado law definition of Assault in the Third Degree and 3rd Degree Assault, C.R.S. 18-3-204, is:
A person commits the crime of assault in the third degree, or 3rd Degree Assault, 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 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.
The Definition in C.R.S. 18-3-204, of “Knowingly,” “Recklessly,” and “Serious Bodily Injury” in Greeley and Windsor, Colorado
In Greeley, Windsor and the rest of Colorado, it is important to understand the legal terms in the statute that you are facing. The words “knowingly,” “recklessly,” and “serious bodily injury” are in the C.R.S. 18-3-204 statute for Third-Degree Assault. They are defined as:
Knowingly is defined as: A person acts “knowingly” or “willfully”, with respect to a result of his conduct, when he is aware that his conduct is practically certain to cause the result.
Recklessly is defined as: A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.
Serious Bodily Injury is defined as: bodily injury that, either at the time of the actual injury or at a later time, involves a substantial risk of death; a substantial risk of serious permanent disfigurement; a substantial risk of protracted loss or impairment of the function of any part or organ of the body; or breaks, fractures, a penetrating knife or penetrating gunshot wound, or burns of the second or third degree.
Without either “knowingly,” or “recklessly,” causing someone “serious bodily injury” as defendant cannot be convicted of Third-Degree Assault.
What is the Difference Between Misdemeanor and Felony Assault in Weld County?
The difference between Misdemeanor Assault and Felony Assault in Weld County is simply how severely the victim was injured and the intent during the incident. This means that 3rd Degree Assault or Misdemeanor Assault generally has to do with the defendant knowingly or recklessly causing bodily injury to another, or being negligent with a deadly weapon and causing bodily injury. “Bodily injury” in its simplest form means the victim felt pain. Whereas 2nd Degree Assault and 1st Degree Assault have to do with a defendant using a deadly weapon or intentionally inflicting serious bodily harm. A criminal defense attorney can sometimes get a 1st or 2nd Degree Assault charge changed into a Misdemeanor Assault charge with less severe penalties.
Punishment for Assault in the Third-Degree in Greeley, Colorado
if you are convicted for Assault in the Third-Degree in Greeley the sentenced is a class 1 misdemeanor with penalties of up to 364 days in the Weld County Jail and fines of up to $1,000. If the victim is a government worker engaged in the performance of their duties, such as a police officer or emergency services worker, the maximum sentence is doubled. It is important to have the best defense attorney who can help you during the process of your case. The Weld County Courts can be confusing and the attorneys at the O’Malley Law Office can clarify that confusion. We want to help you get the best outcome in your case.