Have you ever grabbed someone by the arm? Have you ever pushed someone away from you? Or have you ever been so upset with another person that you have punched them? If you answered yes to any of these situations, you could be facing charges of Third Degree Assault. In Denver and Douglas County, criminal defense attorneys fight charges like these every day. The consequences of a conviction for this crime can have life-altering effects.
The Definition of Assault in the Third Degree
Third Degree Assault, or Assault in the Third Degree, is typically charged in Arapahoe County when a 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. The punishment for this crime could include up to two years in jail and up to a $5,000.00 fine. What does ‘bodily injury’ mean? The police in Lakewood, Aurora, and Castle Rock define bodily injury as any level of pain felt by the ‘victim’ of the act. That means it is easy to meet this element. The other elements and the lack of self defense, are more of a problem for the government to prove. Read about the other two types of Colorado Assault.
Time Often Helps in Criminal Cases When Tempers Cool
The police will conduct interviews at the scene of the alleged crime, when the alleged victim is still angry over the incident. When the police ask, “Mrs. Johnson, did it hurt when Mr. Johnson touched your shoulder,” she will say “yes”. In Jefferson and Broomfield County, this means that poor Mr. Johnson will be facing charges of Third Degree Assault. However, as criminal defense lawyers in Colorado, we have learned that time heals most wounds. We allow for some time to pass and then try to re-interview the victim. At this point, she will likely say the incident wasn’t as bad as she originally stated. With a changed position from their victim, the District Attorney will start looking for a face saving way out of the horrible case they are now dealing with.
There are many ways that successful criminal lawyers in Elbert and Adams County fight charges of Assault in the Third Degree. It takes skill and experience to know which tactic will work best with your case. Our attorneys have years of working knowledge on how to combat the strategies of the prosecuting attorneys.
So, if the police contact you about possible Third Degree Assault 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.