O'Malley Law Office, P.C. Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351

Blog

Assault on a Peace Officer in Colorado

Recently in my practice, I have noticed a rise in the number of filings of assault against a peace officer charges in Denver, Jefferson and Larimer County for criminal defendants. Most commonly, these cases arise based on the interaction between the person suspected of a crime and law enforcement (police or sheriff) when an arrest is attempted.

In general terms, a peace officer is a member of the judicial system or law enforcement, whether it be a police officer, sheriff deputy, firefighter, a district attorney, judge, or other officer of the court or the judicial system. The law does not care whether they are employed at the municipal, county or state level. There are two different types of assault and both carry increased penalties (over traditional assault cases), including mandatory jail or prison time.

Third Degree Assault on a Peace Officer - 18-1.3-501

Third degree assault in Weld and Summit County only requires that a person knowingly or recklessly cause bodily injure (pain). C.R.S. 18-3-204. If a person is charged with hurting a peace officer engaged in the performance of his or her lawful duties, then the fact that the victim is a peace officer operates as a sentence enhancer and increases the term of imprisonment in the county jail. Probation is not an option as the law requires a sentence to the county jail of at least 2 years and 1 day up to four years.

Second Degree Assault on a Peace Officer- 18-3-203(1)(f)

Second degree assault in Douglas, Arapahoe or Adams County involves the knowing and violent application of physical force against a peace officer while the suspect is in police custody. The fact that a suspect is in custody elevates this to a felony offense and subjects the suspect to increased penalties including this being charged as a crime of violence (meaning a sentence to the Department of Corrections that runs consecutive to any other sentence). This charge can also result from the suspect causing an employee of a detention facility to come into contact with the suspect's blood, seminal fluid, urine, feces, saliva, mucus, vomit or any other caustic or hazardous material.

In either case, the involvement of a police / peace officer means a substantial increase in penalties. Unfortunately, these charges often result from simply resisting arrest, C.R.S. 18-8-103, or obstructing a peace officer, C.R.S. 18-8-104 in Denver. Officers have started piling on these charges to get revenge against suspects. Because the penalties are substantial, if you are charged with Assault on a Peace Officer, be smart, exercise your right to remain silent, and call an attorney in our office at 303-731-0719. Together, we can protect your future.

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!

GET HELP NOW!

Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

FindLaw Network

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.