Many people find tax season an especially stressful time. For one woman, the stress must have been too much. She allegedly head-butted the Jackson-Hewitt tax worker who she encountered while getting her taxes done at the local Wal-Mart. According to the reports, the woman was getting her taxes done when the tax worker came into the Jackson-Hewitt branch. The woman felt the tax worker was rude, but left without incident. The next day, when the woman was shopping at the Wal-Mart, she ran into the tax worker again and that’s when all hell broke loose. The tax worker and the woman got into a verbal argument and the woman ended up head-butting the tax worker and knocking over a table before the fight was broken up. The woman is now banned from coming to that Wal-Mart location and may be facing Assault charges.
Third Degree Assault on a Tax Worker in Weld County
C.R.S. 18-3-204 defines Assault in the Third Degree 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 infect, injure, harm, 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.
For the case above, the DA would probably argue the woman knowingly caused bodily injury to the tax worker. Quite frankly, it’s a pretty open and shut case. A Wal-Mart shopper videotaped the encounter, which shows the woman blatantly using her head to cause injury to the tax worker.
All a ‘victim’ would have to do is claim he or she felt pain to get someone charged with this 3rd Degree Assault.
However, many 3rd Degree Assault cases are not that clear cut in Weld, Morgan and Logan County. Often, all a ‘victim’ would have to do is claim he or she felt pain to get someone charged with this crime. This lends itself to vengeful situations, many times related to Domestic Violence. For example, if a boyfriend ends the relationship with his girlfriend and in the process of leaving the house pushes her out of the way so he can get by, she could claim the push caused her pain and he could get charged with Domestic Violence Assault in the Third Degree. The Domestic Violence sentence enhancer would make the punishments related to the Assault charge harsher.
If you or a loved one has been arrested or given a summons for 3rd Degree Assault or Domestic Violence in Greeley, Windsor, or Johnstown, be smart, exercise your right to remain silent and call the O’Malley Law Office at (970) 616-6009 to schedule a free consultation. We can even meet in the Weld, Morgan or Logan County Jail for an inmate visit. Together, we can protect your future.
Image Credit: Pixabay – stevepb