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Assault in the First Degree: Adams County Sheriff Assaults Man During Arrest

Posted by Kyle B. Sawyer | Nov 11, 2015 | 0 Comments

Police brutality happens all over Colorado, and all over the world.In developing parts of the world, parents teach their kids to run away from police, rather than to them. In fact, I was just reading about police brutality on International Justice Mission's website, an organization who restores justice internationally. In one staggering statement I read on their website, in many undeveloped places in the world, parents teach their children to run away from the police to stay safe, rather than to them. It baffles me that the people who are supposed to protect citizens, are the ones doing just the opposite. They're causing the harm – both internationally and right here in Colorado.

To talk about a story closer to home, in a recent news story I read, an Adams County Sheriff's deputy was seen acting with brutality. Video footage shows the sheriff kicking and hitting a man who was being arrested outside of a Denver bar. The man being arrested was knocked unconscious after his face was slammed into the concrete sidewalk. The arrest reports made by the four officers present described other uses of force during the arrest, but conveniently failed to mention an officer kicking the man. The District Attorney's office even failed to show the video to the Adams County Sheriff's Department, even though they had a copy of the footage for weeks. Unsurprisingly, this is not the first time Adams County law enforcement has been accused of using excessive force on someone during an arrest. In Colorado, the deputy sheriff would likely face charges of Assault and Harassment.

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What is Assault in the First Degree in Adams County?

Assault in the First Degree, C.R.S. 18-3-202, or First Degree Assault, is charged in Adams and Douglas County in many ways. As it applies to this news story, Assault in the First Degree can be charged when a person, with intent to cause serious bodily injury to another person, causes serious bodily injury to any person by means of a deadly weapon. The sheriff hit the man with his fists, pushed his head into the concrete sidewalk, and kicked him. These actions would be considered causing serious bodily injury, with the intent to cause serious bodily injury. Serious bodily injury is injury that at the time of the actual injury or at a later point, involves a risk of death, serious permanent disfigurement, loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second / third degree. To be charged with Assault in the First Degree, there must have been a deadly weapon used to cause serious bodily injury. You may also be wondering what “deadly weapon” was used by the sheriff, if any. The definition of a deadly weapon, 18-1-901, is broad enough that the sheriff's feet and fists could be considered deadly weapons because they were capable of producing death or serious bodily injury. The video footage shows pictures of the man after the incident, with bruising all over his body. It shocks me that police can be so aggressive and misuse their authority.

What is Harassment in Jefferson County?

Assault in the First Degree charges likely aren't the only charges the sheriff could face. For intending to harass, alarm or annoy the man by striking, shoving, kicking or otherwise touching or subjecting him to physical contact, C.R.S. 18-9-111(1)(a), the deputy sheriff could also face charges of Harassment in Jefferson and Arapahoe County. The sheriff was seen kicking the man aggressively, likely intending to harass or alarm him.

Have You Been a Victim of Police Brutality? Consult an Assault in the First Degree Criminal Defense Lawyer

As said before, cases of police brutality are not rare in Denver, Aurora, Littleton, and even all over the world. Our attorneys have handled and seen criminal cases where innocent people are harassed and assaulted by police officers, yet still face criminal charges. In fact, it's not hard to face charges of Resisting Arrest after a police officer has been aggressive with you during an arrest. If you feel you've been wrongfully accused of a crime, such as Assault in the First Degree, or have been mistreated by a police officer during an arrest, contact our office immediately. There is too much at stake if you don't.

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If you or a family member has been charged with Assault in the First Degree or feel you've been victimized by police in Colorado, be smart, exercise your right to remain silent, and call the best criminal defense lawyers at our office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation

Image Source: FreeDigitalPhotos.net – patrisyu

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.

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If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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