For her brother’s 21st birthday party, a sister thought it would be a funny practical joke to get him a penis-shaped birthday cake. While her brother thought the prank was funny, he was determined to get her back and ended up taking it too far. He got his revenge by shooting her in the butt with a BB gun. The BB got embedded under her skin, requiring her to take a trip to the hospital. According to the reports, the sister did not want to be transported to the hospital and wanted to take herself. She also told police she did not want to press charges, but the brother was arrested on Assault charges anyways.
Sibling Rivalry and Second Degree Assault in Weld County
C.R.S. 18-3-203 – Assault in the Second Degree – is defined by Colorado law as:
(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, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon
The following items are considered ‘deadly weapons:’
- Firearm (unloaded or loaded)
- Knife
- Bludgeon
- Any weapon, device, instrument, material or substance that is capable of producing death or serious bodily injury
While a BB gun is not specifically listed, if a person is hit with a BB in a vulnerable area of the body, the BB could cause serious bodily injury therefore making it a deadly weapon.
Bodily Injury Vs. Serious Bodily Injury in Greeley
There are two degrees of injury involved in 2nd Degree Assault in Greeley, Evans, and Erie – Serious Bodily Injury and Bodily Injury. Serious Bodily Injury means:
Bodily Injury, on the other hand, means: “physical pain, illness, or any impairment of physical or mental condition.”
While it was just a simple prank, because police became involved, the state takes over the case and decides whether or not to press charges.
Basically in this case, the brother used a BB gun, which is considered a deadly weapon under Colorado law, and caused bodily injury to his sister. While it was just a simple prank, because police became involved, the state takes over the case and decides whether or not to press charges. This sister has now become a ‘victim’ in her brother’s felony case, even though she doesn’t want to be a victim. Anyone considering calling the police or going to a hospital needs to keep this in mind.
If you or a loved one has been arrested for Second Degree Assault in Weld, Morgan, or Logan County, be smart, exercise your right to remain silent, and call the best criminal defense attorneys from the O’Malley Law Office at (970) 616-6009 to schedule your free consultation today. We can even arrange an inmate visit with a criminal defense attorney to the Weld County Jail. Together, we can protect your future.
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