Third Degree Assault in Denver, Colorado - A Misdemeanor with Important Consequences
This misdemeanor Denver, Colorado charge is known as both Assault in the Third Degree and Third Degree Assault. The primary difference between this charge and the other non-sex assaults is that you can't be sent to prison if convicted. This charge results most frequently in Denver County, Adams County, Arapahoe County, Jefferson County, Douglas County and other Colorado counties when there are non-serious injuries like bruising. Regardless of where you are in Colorado, you must quickly involve an experienced trial attorney if you are facing an assault charge.
The elements of Assault in the Third Degree which the government must prove in order to obtain a conviction against you at trial include:
- A person knowingly or recklessly causes bodily to another, or
- A person causes bodily injury to another with criminal negligence, by means of a deadly weapon, or
- With intent to injure, infect, harm, harass, annoy, threaten, or alarm anothr person who is a peace officer, firefighter, or EMT, the person causes bodily fluid to come in contact with the official
Charges of Assault in the Third Degree or Third Degree Assault typically result from a fight between two persons when one person says they felt pain. Pain is the equivalent of bodily injury. This charge is very closely related to Colorado Harassment, which involves striking, kicking, shoving or otherwise touching a person - except no "pain" results. If pain (or bodily injury) is alleged, the Harassment charge becomes a Third Degree Assault charge.
As with all Colorado Assault charges, it is critical to involve an attorney as soon as possible, so that theories of defense may be developed and preserved. This is often accomplished with the assistance of a good investigator. A person accused of Third Degree Assault should never give a statement to the police, but should exercise their constitutional right to remain silent. A jury will never be told you refused to speak to the police by exercising this right. When you speak to the police, you creat evidence against you. That is the reason police seek to engage an accused in conversation. They often appeal to the emotions of the accused and ask, "would you like to tell us your version of what happend? If not, we will just have to believe what the other person says." Resist this trick and remain silent. You can only hurt yourself.
Punishment of up to twenty-four months in jail can result if a person is convicted of Colorado Assault in the Third Degree - Third Degree Assault. Frequently, cases involving this charge also involve the Domestic Violence lable which can greatly complicate the life of the accused. Domestic Violence convictions may render the accused incapable of possessing a firearm ever again. This complication requires that your attorney be informed of the federal definitions of Domestic Violence and alternative plea arrangements in Colorado courts which will not render the accused ineligible to possess a firearm.
If you or someone you know is involved in any kind of assault in Grand County, Elbert County, Arapahoe County or another Colorado county where bodily injury might result, you must have an attorney involved immediately so we can successfully defend you. Our attorneys are experienced in working on all types of misdemeanor and felony matters and we have contacts with investigators who will thoroughly investigate your case. So, be smart, exercise your right to remain silent and call the O'Malley Law Office immediately at 303-731-0719. Together, we can protect your future.
