A Jefferson County high school principal was recently arrested for Third Degree Assault as an act of Domestic Violence. According to the news report, the incident had nothing to do with the school or any school personnel, but the principal was placed on paid administrative leave pending the outcome of the school district’s internal investigation. It was not disclosed who the victim was or what their relationship was, but in order to be charged with a Domestic Violence offense, the two involved must have been in an intimate relationship at some point. Let’s look at the 3rd Degree Assault statute, along with the Domestic Violence statute, to learn what this principal may be facing in his future.
Weld County Third Degree Assault Lawyer: What is the Definition of 3rd Degree Assault?
In Weld, Morgan, and Logan County, Assault in the Third Degree – C.R.S. 18-3-204 – is defined as:
(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.
As criminal defense lawyers, we have seen so many 3rd Degree Assault charges filed with little to no evidence involved. All an ‘alleged victim’ has to do is claim they felt some sort of pain at the hands of the accused and this class 1 misdemeanor extraordinary risk crime can be charged. Imagine facing jail time after someone made up a lie about you. Without any evidence necessary, this crime is often over-charged by Greeley Police and the Weld County Sheriff.
Greeley Domestic Violence Lawyer: What is the Definition of Domestic Violence?
According to C.R.S. 18-6-800.3, Domestic Violence is defined as:
An important definition to understand with Domestic Violence in Greeley, Berthoud, and Johnstown is ‘intimate relationship:’:
Domestic Violence is not a separate criminal charge. It is instead a sentence enhancer added to any underlying crime. When the Domestic Violence sentence enhancer is involved, a mandatory protection order is entered and there can be no contact between the alleged victim and the accused. If sentenced for a DV crime, the defendant will have to complete Domestic Violence Treatment, a long and expensive treatment program.
If you or someone you love has been charged with Third Degree Assault or a Domestic Violence offense, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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