Colorado Snowball Assault?
Three men were arrested for assault following a snowball throwing retaliation on University Hill in Boulder, Colorado. One group of friends was throwing snowballs at each other over a jeep. The jeep's driver started down the block only to U-turn and come back letting a man out. The man had a glass alcohol bottle which he allegedly used to strike one of the snowball-thrower's with in the face. The thrower had lacerations on his face. The man with the bottle is facing Colorado first degree assault charges. C.R.S. 18-3-202.
The driver of the Jeep and another passenger are facing charges as well. According to 7NEWS, when initially questioned by the police regarding the incident, they told police they had picked up an acquaintance who committed the crime. Later, they admitted to lying to protect their friend. The two are facing charges of Accessory to a Crime. C.R.S. 18-8-105
Colorado Assault in the first degree could be a class-5 felony if the following conditions are met:
- The crime was committed in a sudden heat of passion
- There was no time interval between a provoking act and the crime
- And the injury sufficient for the voice of reason and humanity
The circumstance of this case in Boulder County, however, would meet the elements of a class-3 felony. The defendant's criminal defense lawyers might be able to argue the bottle assault was committed in a "sudden heat of passion." However, because time passed (i.e. the driving down the street), not all conditions are met for this lesser charge. if convicted, this man faces between 4 and 16 years in prison. Without selfcontrol, an angry reaction to a snowball throw could seriously affect this man for the rest of his life.
If you or a loved one has been contacted by the police regarding either an accusation of Colorado Assault or Colorado Accessory to a Crime, be smart, exercise you right to remain silent, and contact the O'Malley Law Office, P.C. We're prepared to fight for your innocence or to see reasonable charges brought against you - not something that is way out of line. We've been protecting good people like you from the clutches of overzealous district attorneys for over 40 years of combined experience, as we practice criminal law full-time in Adams, Arapahoe, Denver, Douglas, Jefferson, and other Colorado Counties. Call us at 303-731-0719. Together, we can protect your future.