The recent arrest of a Colorado State University football player, and his girlfriend, mark an unusual occurrence at the CSU campus. Rarely are both the man and the woman in a relationship arrested for Assault, C.R.S. 18-3-204, 18-3-203 and 18-3-202. Third Degree Assault is most often charged when there is some minor hitting or pushing of one another. Second Degree Assault involves bodily injury (not serious) with a deadly weapon. Finally, First Degree Assault usually involves force, a deadly weapon and some type of serious bodily injury.
This Fort Collins, Colorado, Larimer County case likely was a Third Degree. In this type of crime, some type of bodily injury is alleged. Bodily injury occurs when someone experiences pain. This is an easy threshold to meet, and that is likely why it is the most frequently charged Assault type in Colorado.
I mentioned that it is rare that both the man and woman in a fight are arrested. The usual course is for the woman to call the police and then they come and arrest the man for assault, or domestic violence, in Arapahoe, Jefferson and Douglas County. Police are prone to arresting the man in a case like this because the woman calls police first, and because she is cuter and more attractive to the "rescue" mentality of police officers. I rarely see a man get a fair shake in an Assault case, even if he has more injuries than the woman.
Bar fights among drunk people will usually result in Assault charges. With the warm weather coming our way, drinking is more prevalent in Adams, Broomfield and Denver County. Drinking results in the largest percentage of these type cases. It is always best to avoid over drinking, because people make poor decisions when drunk. Even people who love each other, like this CSU football player and his girlfriend, get into trouble when drinking.
It is always best to avoid a fight and minimize the chances of being arrested. The more serious Second Degree and First Degree Assault occur when a fight between men gets out of hand and someone grabs an item to use in the fight. A deadly weapon can be a bottle, a broomstick or a knife. Any object, if used in a manner to produce death or serious bodily injury can be interpreted as a deadly weapon in Ouray and Hinsdale County, or throughout Colorado.
If police contact you about a fight where Assault charges are possible, be smart, exercise your right to remain silent and call the experienced defense attorneys at 303-731-0719. Together, we can protect your future.