Assault In The Third Degree – Denver
Adams And Jefferson County Third Degree Assault Lawyer
Third Degree Assault – C.R.S. 18-3-204, is a misdemeanor in Adams County and Jefferson County. 3rd Degree Assault differs from other assaults in Colorado. Since it is a misdemeanor, you can’t be sent to prison if you are convicted. However, you will face county jail time. This crime is commonly charged after fights where a person receives nonserious injuries, such as cuts, bruising, or scratches. Any criminal conviction is harmful to have on your record, so if you are facing charges of Assault in the Third Degree, consult an experienced criminal defense attorney so they can begin work on your case immediately.
Denver and Douglas County Assault in the Third Degree Definition
In order to be convicted of Assault in the Third Degree at trial in Denver and Douglas County, the district attorney must prove that you:
- Knowingly or recklessly caused bodily injury to another person; or
- Caused bodily injury to another person with criminal negligence; or
- With the intent to injure, annoy, threaten, alarm, harm or infect a peace officer, firefighter, or EMT, you cause the official to come into contact with a bodily fluid by throwing, tossing, or any other means.
3rd Degree Assault charges usually arise after a fight in which one of the people involved reports they felt pain. Because “bodily injury” (pain) must be present from the fighting in order to be convicted, this charge is closely related to Harassment – C.R.S. 18-9-111. Harassment is charged whenever a person strikes, kicks, shoves or touches a person and no pain or injury results. If the alleged victim says they felt pain (bodily injury), they will be charged with 3rd Degree Assault.
Arapahoe County Third Degree Assault Sentence Range
3rd Degree Assault is a class 1 misdemeanor in Aurora, Centennial, and Littleton. If you are convicted of this offense, you will face up to 24 months in Arapahoe County Jail. Often, Domestic Violence (DV) is charged along with Third Degree Assault. If you are convicted of Domestic Violence, you will face many restrictions in your life, such as the loss of your right to bear arms and criminal history.
If the victim of your offense happens to be a peace officer, police officer, emergency medical service provider, emergency medical care provider or firefighter engaged in their duties, there is a mandatory two year and one-day minimum jail sentence. Also, the maximum potential sentence increases to four years rather than two.
If the victim of your Assault in the Third Degree is a pregnant woman and you knew she was pregnant, there is a mandatory minimum six-month jail sentence.
Third Degree Assault Attorney In Parker And Castle Rock, Colorado
Assault, no matter how severe the charge, is a serious offense. It is vital that you hire an experienced criminal lawyer in Parker and Castle Rock to fight on your behalf in the courtroom. Don’t stand in front of a judge or jury unprepared and alone. Ask one of our criminal defense attorneys to get involved in your case and preserve evidence essential to your defense. We often speak personally with witnesses to get your case dismissed before it even goes to trial. We can sometimes get cases dismissed by working closely with experienced investigators who seek out the truth. The most important step to take if you have been charged with Third Degree Assault is to hire an experienced attorney and exercise your constitutional right to remain silent.
Right To Remain Silent – A Denver Jury Will Never Hear About It
A Denver jury won’t be allowed to hear that you refused to speak with the police. It is your constitutional right. Giving your statement to law enforcement officials in Weld, Morgan and Logan County only hurts your case. It does not make you look guilty. Police officers and detectives will gather evidence to use against you in court – this is their only reason for interviewing you. Don’t be taken in: Cops will pretend to empathize with you by asking for “your side of the story.” They don’t care about the truth, they care about a conviction. Don’t give them evidence; exercise your right to remain silent and contact an experienced lawyer who can create a strong defense.
Exercise your constitutional right to remain silent and don’t speak with police. They are gathering evidence to convict you!
If you or a loved one has been charged with Assault in the Third Degree in Boulder, Jackson or Washington County, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at O'Malley and Sawyer, LLC for a free consultation at 303-731-0719, or submit the “Get Help Now” form. Together, we can protect your future.