Assault charges are common in Denver, Arapahoe, and Jefferson County, Colorado. Assaults can be charged based on a variety of allegations. In many cases no physical evidence is required to face a Third Degree Assault charge. In today’s blog, I’ll give you the legal and simple definition of this offense, and look at a few examples of how it is charged. Although there are several levels of assault, this article will focus on the most prevalent.
The Legal Definition of Third Degree Assault, C.R.S. § 18-3-204
(1) A person commits the crime of assault in the third degree if:
(a) The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or
(b) The person, with intent to infect, injure, harm, harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.
A More Practical Definition of Assault in the 3rd Degree
Any person who makes any type of physical contact with another person in a manner he or she knows could result in pain or in a manner that ignores the potential risk of causing another person pain, commits third degree assault.
Examples of 3rd Degree Assault Charges
1) Two friends are playing a competitive game of one-on-one basketball. The game is tied and the next person to score wins. Adam has the ball and he dribbles around Bill with nothing to stop him from doing an easy layup and winning the game. Bill instantly recognizes his predicament and decides that his only choice to keep from losing is to foul Adam just as his feet leave the ground. Bill pushes Adam just enough to throw off the angle of the shot. Adam misses the basket, but when he lands off balance he twists his angle, causing pain to shoot up his leg. Adam is unable to put weight on his foot, and in anger calls the Arvada Police Department to report Bill for assault. Bill walks away before the police arrive and is later arrested at work on a warrant for third degree assault. Before Bill is found guilty by a judge or jury, he loses his job because the company does not wish to be associated with a “criminal.”
2) Wanda and Mark have been dating for several months. They enjoy going out to bars with friends, dancing and having drinks. While at a bar one night, Wanda sees an old boyfriend and starts flirting heavily with him. Mark becomes jealous and walks over to introduce himself. Wanda has been drinking heavily and begins making comments comparing Mark to the old boyfriend. Mark realizes that Wanda has had too much to drink and at this point both he and the old boyfriend are visibly embarrassed. Mark grabs Wanda by the arm to lead her toward the exit before she makes any more drunken comments. In so doing, Wanda twists away violently and loses her balance falling to the floor. Wanda bumped her knee in the fall and claims that Mark grabbed her too hard and it hurt. A bouncer calls the Denver Police Department because Wanda is causing a disturbance. When the Denver police arrive Wanda tells them that Mark became jealous and grabbed her arm causing her pain and putting her off balance. The officers note that Wanda is intoxicated, but charge Mark with third degree assault, as an act of domestic violence, due to their relationship.
Why You Need an Expert Criminal Defense Attorney
If you or someone you care about is facing an assault charge, or any other criminal charges, don’t hesitate to contact one of our hard-working defense lawyers. Anyone facing a situation like Bill or Mark, could end up in county jail for up to two years or be forced to take domestic violence classes while under probation supervision for multiple years. The effect of such a conviction could also result in the loss of an individual’s gun rights, career and parental authority. Don’t face the criminal justice system alone. Hire an affordable lawyer who will be an advocate in the courtroom to ensure your or your loved one’s future is not jeopardized.
Get Help Now
If you or someone you care about is facing an assault charge, don’t hesitate to contact one of the experienced criminal defense attorneys at the O’Malley Law Office for a free consultation at 303-731-0719. Together, we can protect your future.