Denver Second Degree Assault Attorney
A Colorado Springs and El Paso County Teen has been charged with Second-Degree Assault (C.R.S. 18-3-203) after slapping a Colorado Springs Police Officer investigating an alcohol related traffic accident. After the accident, the two young women involved were fighting and the officer intervened to break it up, when slapped. It is unclear whether the initial slap was intentional or inadvertent during the fight, but the young women also allegedly kicked another officer in the leg when she was taken to the police station. The teen was arrested for second-degree assault on a peace officer and Underage Drinking (C.R.S. 18-13-122), while the other woman involved was charged with DUI (C.R.S. 42-4-1301) and other traffic violations.
Assault Against a Police Officer in Jefferson County
In El Paso, Jefferson, Adams, and Denver County Colorado, anytime a peace officer (police officer, firefighter, emergency medical service provider, etc.) is involved in an assault, the assault is charged as a more serious crime and the penalties become much harsher. For example, if a person slaps another person during the heat of an argument and causes bodily injury (defined as “pain”), they can be charged with third-degree assault, which is a misdemeanor (C.R.S. 18-3-204). However, doing the same thing to a peace officer is second-degree assault, which is a felony. Additionally, a lot of times prosecutors in Weld, Douglas, Larimer and Arapahoe County will add a charge of resisting arrest (C.R.S. 18-8-103) or obstructing a peace officer (C.R.S. 18-8-104) when a police officer is trying to make an arrest.
2nd Degree Assault in Denver: A Trumped Up Charge?
While some of these charges may be based on people actually resisting arrest or being belligerent with law enforcement, many times it is the police who are rough or violent with people and they are just trying to protect themselves from police brutality. Of course, you will never see a police officer admit to his brutality in a police report. While we are taught that police are our friends and that they protect us from bad guys, sometimes they are the bad guys. Like any profession, there are good cops and bad cops in the bunch.
If things became confrontational during an encounter with a police officer, don’t face charges of assault or resisting arrest in Boulder, Greeley or Denver without an experienced defense attorney who can fight back against the government. The lawyers at O’Malley Law Office specialize in Criminal Law. When contacted by police, remain calm, be cooperative, and do not say anything. Always be smart, exercise your right to remain silent, and call us immediately at 303-731-0719. Together, we can protect your future.