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Photo Of Attorney Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Boulder Student Gets 2 Years in Police Third Degree Assault, C.R.S. 18-3-204

On Behalf of | May 6, 2012 | Assault |

Boulder Third Degree Assault Attorney

A Boulder County judge sentenced a University of Colorado at Boulder student to 2 years and one day in jail after the student plead guilty to Assault in the Third Degree (C.R.S. 18-3-204). The student assaulted a police officer after refusing to pay his bar tab in a Boulder bar. Incidentally, this same Boulder police officer is now facing charges for the alleged attempted murder, stalking and harassment of his ex-girlfriend.

Arapahoe County 3rd Degree Assault Sentence

In Arapahoe, Douglas and Jefferson County, Third Degree Assault is a Class 1 misdemeanor, as well as an “extraordinary risk crime” (C.R.S. 18-1.3-501), and carries a maximum sentence of 2 years in jail and up to a $5000 fine. Additionally, if a person is convicted of Third Degree Assault against a peace officer, such as the police officer in this case, they are subject to enhanced sentencing and the mandatory minimum jail sentence is 2 years and one day. The punishments for Assault in Colorado can be incredibly harsh, especially when a lot of times these accusations arise from a simple bar fight.

Doulgas County Assault Lawyer: Bodily Injury

While the student in this case did cause the officer to sustain a serious head injury, Third Degree Assault in Colorado cities like Denver, Westminster, and Aurora does not require proof of serious bodily injury, only bodily injury, which means any physical pain. Therefore, if a person accuses you of assault, all they have to tell the police is that they felt physical pain. Police often prompt alleged “victims” of assault by asking them whether they felt pain. Because of this low standard, third degree assault is one of the most frequently charged crimes in Colorado (often coupled with charges for domestic violence, C.R.S. 18-6-800.3) and one of the easiest for prosecutors to prove.

If you have been accused of Third Degree Assault in Adams, Weld, or Larimer County, especially if a peace officer is involved, don’t fight against the Colorado government alone. As experienced criminal defense attorneys, we can help reduce or eliminate the charges you are facing, and save you from harsh criminal penalties. 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.