Third Degree Assault, C.R.S. 18-3-204, also known as Assault in the Third Degree, is a crime that can have devastating consequences for the person charged. In Arapahoe, Douglas, and Denver County, the District Attorneys try to fight for an outcome that usually will include jail time. When people hire a criminal defense attorney in the Denver area, they will fight against jail time and other likely consequences.
Third Degree Assault can take shape under a variety of different fact patterns. Someone could punch, choke, push, bite, scrape, grab, or even shoot another person (with criminal negligence) and it could be considered this crime. For instance, let's say that you are showing off your new rifle to a girlfriend when the gun accidently goes off, that would be considered Third Degree Assault. Another example of the conduct would be if you fought with another person and your punches caused the person "pain."
The term "pain" is what typically separates this misdemeanor crime Harassment. When the police in Westminster, Lakewood, Aurora, or Denver interview an alleged victim, they tend to ask the following question: when you were hit by the suspect, did it hurt or were you caused any pain from the punch? If the answer is yes, the police will charge the suspect with Third Degree Assault. This line of questioning is a sham.
When someone is interviewed by the police, it is usually right after the incident took place. The alleged victim is still angry, upset, or frustrated over the incident and they tell the police anything which makes them sound like a "victim," or which will hurt the accused. We combat this with the courts in Douglas, Jefferson, and Adams County by speaking with the alleged victim and recording their statement. A little while after the incident, the "victim" will likely be thinking more rationally about the event and will not be as determined to see the person punished. With a changed account of the incident, we make sure that the District Attorney's office becomes aware of it.
As a criminal defense lawyer in the Denver Metro area, I have had good success employee this tactic. Along with using other strategies, we tend to have very good outcomes on these cases. The facts surrounding a criminal charge can be intensive and difficult to navigate without the professional experience of a criminal defense attorney. So, if you are contacted by the Lone Tree, Greely, or Colorado Springs police about possible Assault in the Third Degree charges, be smart, exercise your right to remain silent, and call the O'Malley Law Office at 303-731-0719. Together, we can protect your future.