One of the most common charges resulting from a Domestic Violence incident in Denver is Third Degree Assault. Very little evidence is needed to charge this crime. An actress was recently charged with Domestic Violence Assault after allegedly putting her hands on her boyfriend. When police are sent out on a DV call a mandatory arrest will follow. Even for something minor, like a Harassment charge for yelling at the other person, if the two involved are in an intimate relationship, someone will be arrested.
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Douglas County Domestic Violence Assault Lawyer: Definition of Third Degree Assault in Arapahoe County
The Douglas and Arapahoe County, Colorado law definition of Third Degree Assault – C.R.S. 18-3-204 – is:“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”
Bodily injury is defined as any physical pain. All a person has to say is that they felt pain from any physical contact and Third Degree Assault is charged. As a class 1 extraordinary risk crime misdemeanor, 3rd Degree Assault is punishable by 6 to 24 months in the Douglas County Jail and up to $5,000 in fines.
Domestic Violence Sentence Enhancer in Adams and Jefferson County
In Jefferson and Adams County, any crime can have the Domestic Violence sentence enhancer added to it. Domestic Violence – C.R.S. 18-6-800.3 – is:“Domestic violence” means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.”
Along with the sentence for the underlying crime, like Harassment, Obstruction of a Telephone Service, or Third Degree Assault, the DV sentence enhancer adds requirements like following a mandatory protection order and completing Domestic Violence classes. Because of the collateral consequences associated with a Domestic Violence conviction, it's always best to consult with an experienced domestic violence attorney.
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If you or a loved one has been charged with Third Degree Assault or any Domestic Violence crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from O'Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation
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