Causing serious bodily injury to another by means of a deadly weapon is charged as First Degree Assault in Denver, Castle Rock and Aurora. We often think of a deadly weapon as a gun or knife, but really, it is any object that is capable of producing death. A teenager is being charged with Assault related to an intentional exposure of another to a substance they are severely allergic to. According to the report, a 14-year-old girl covered her hand in pineapple and then high-fived a student, who was known to be seriously allergic to the fruit. An allergic reaction occurred and the student was taken by ambulance and treated for the reaction. According to Colorado law, the injury would be considered a serious bodily injury and the pineapple would be considered a deadly weapon.
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Douglas County Juvenile Assault Lawyer: Serious Bodily Injury and Deadly Weapon Defined
The Arapahoe and Douglas County, Colorado law definition of Assault in the First Degree – C.R.S. 18-3-202 – is:
“A person commits the crime of assault in the first degree if:
(a) With intent to cause serious bodily injury to another person, he causes serious bodily injury to any person by means of a deadly weapon”
Under Colorado law, ‘serious bodily injury' means:
“bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.”
Exposing someone to a substance they are very allergic to involves the risk of death. Now, maybe the juvenile did not realize how serious the reaction would be or how serious the other student's allergy was, but that does not change the degree of injury the person received.
‘Deadly weapon' is defined as:
“(I) A firearm, whether loaded or unloaded; or
(II) A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.”
Based on this definition, pineapple is a substance that is capable of causing death for the student, therefore, it can be considered a deadly weapon.
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If you or a loved one has been charged with First Degree Assault, be smart, exercise your right to remain silent, and contact the best Assault defense attorneys from the O'Malley Law Office at 303-830-0880 today. Together, we can protect your future.Request a Free Consultation
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