What kinds of fights may lead to Third (3rd) Degree Assault (CRS 18-3-204) charges in the Weld County cities of Greeley, Hudson, or Erie? Surprisingly, if someone inflicts “pain” onto someone else, it is considered bodily injury and the person will be charged with Assault in the Third Degree. Pain can be inflicted by a pinch, a hair pull, a slap, or a push. If someone feels someone inflicted pain on them, police will arrest and the District Attorney will press charges of Third Degree Assault.
Third Degree Assault is a misdemeanor crime with felony-like consequences. This charge carries some of the harshest misdemeanor consequences, which many include up to 24 months in jail. Most misdemeanor crimes only require a maximum jail sentence of no more than one year. Third Degree Assault is considered an Extraordinary Risk Crime. Judges believe people who commit these crimes may be capable of something much more serious because they are showing disregard for human life. District Attorneys always prosecute people charged with extraordinary risk crimes more seriously than people charged of other crimes.
If the altercation which resulted in the Third Degree Assault charge is between two people who have an “intimate” relationship, the offender will also most likely have the Domestic Violence or DV sentence enhancer added. People convicted of or who plead guilty to the added element of Domestic Violence in conjunction with any crime are treated like many felons in Weld County because they are not allowed to own or possess firearms.
If police charge or arrest you for charges of Third Degree Assault, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.