In Weld County, Assault in the Third Degree / Third Degree Assault, involves someone wrongfully hurt by another person. If the victim and the person charged with 3rd Degree Assault were in an intimate relationship, then a Domestic Violence Sentence Enhancer could also be charged. Below, the experienced lawyers that the O’Malley Law Office will discuss Third Degree Assault Charges and the Domestic Violence or DV Sentence Enhancer. If you are facing Assault or DV charges in Larimer County get help here.
What is the Definition of Assault in the Third Degree / 3rd Degree Assault, C.R.S. 18-3-204, in Greeley, Colorado?
The definition of Assault in the Third Degree / 3rd Degree Assault, C.R.S. 18-3-204, in Greeley is:
(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.
It is important to note that 3rd Degree Assault does not require “serious bodily harm” and that any injury is not required to be intentional, even if you knew the behavior could cause another person harm. This differentiates Assault in the Third Degree / 3rd Degree Assault from Assault in the 2nd or 1st Degree. If you are facing 1st or 2nd Degree Assault charges, get help here.
In Weld County What is a Domestic Violence Sentence Enhancer, C.R.S. 18-6-800.3, for Assault?
A Domestic Violence Sentence Enhancer, C.R.S. 18-6-800.3, in Weld County is defined as:
When you are charged with Assault in the Third Degree / Assault in the 3rd Degree and the alleged victim is a current or former intimate partner, you can also face a Domestic Violence charge. A Domestic Violence charge is not actually a criminal charge by itself, but rather a sentence enhancer which increases the penalties of the defendant.
What are the Penalties and Sentence for Assault in the 3rd Degree in Erie and Windsor, Colorado?
Assault in the 3rd Degree is sentenced as a class 1 misdemeanor in Erie and Windsor, Colorado. The penalties of a class 1 misdemeanor are 18 months in the Weld County Jail, and fines of up to $1,000. If the defendant is found guilty of Domestic Violence, then they would face penalties and punishment involving Domestic Violence classes AND likely be unable to possess a firearm ever again. This is a huge punishment, so get a criminal lawyer’s help to avoid losing your gun rights, if possible.
Why Hire an Experienced Weld County Attorney When Facing an Assault in the Third Degree / Third Degree Assault or DV Charge?
In Weld County an Assault in the Third Degree / Third Degree Assault or DV charge can have serious consequences. Not only can a defendant face jail time, a criminal record, and large fines, but they can also face Protective Orders, Domestic Violence treatment classes and loss of any firearms or ammunition. The lawyers at the O’Malley Law Office have over 30 years of experience getting successful outcomes in Assault and Domestic Violence cases. Having an aggressive attorney who will fight for you will get the best outcome.