Sometimes, I come across news so ridiculous I have to write about it. This story is funny and scary; funny, because it involves a sandwich from McDonalds, and scary, because the sandwich was classified as a “weapon.” Let's take a look at this incident, and how it relates to Assault charges in Adams, Denver, and El Paso County.

Man Throws McChicken Sandwich at Wife

According to the news, a man grew upset with his wife after she woke him up to give him lunch. The lunch in question was a McChicken sandwich. Apparently, the man had something against chicken sandwiches from the fast food chain, because he grew upset and threw it at her. Then, he picked up the bun and hit her in the face with it. He used so much force the woman suffered a broken nose as a result. The article reports the man was charged with domestic assault causing injury. In Arapahoe, Jefferson, and Douglas County, the man would be charged with Second Degree Assault Domestic Violence.

Innocent people go to jail when definitions become vague.

How the Weapon Aggravates the Charges

In Colorado, when a weapon is used during an assault, it is charged more severely. Let's take a look at the definitions of 3rd Degree Assault and 2nd Degree Assault to see what I mean. As you can see, when a “deadly weapon” is used, a crime becomes more serious.

Third Degree Assault – C.R.S. 18-3-204

“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.”

Second Degree Assault – C.R.S. 18-3-203

“A person commits the crime of assault in the second degree if…(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon.”

How Can a McChicken be a Weapon?

Image Credit: Evan-Amos (Own work) [Public domain], via Wikimedia Commons

While I don't deny that this man obviously has a temper, I take issue with the sandwich being reported as a “weapon.” A sergeant from the local police department stated: “It doesn't matter what instrument is used to commit the assault.” We think it does matter. There is a world of difference between a man who uses a knife to assault his wife, and a man who uses a chicken sandwich. When you water down definitions and make the law far too broad, the punishment doesn't fit the crime. Unfortunately, crimes are commonly overcharged by the police and District Attorneys throughout Colorado. That is why you need the insight and help of a skilled criminal defense lawyer if you have been charged with Assault. Don't stand alone in the courtroom – hire a lawyer who will fight to protect your future.

Get Help Now

If you or a loved one has been charged with Assault like the man who threw the McChicken sandwich, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880 for a free consultation. Together, we can protect your future.Request a Free Consultation

By Evan-Amos (Own work) [Public domain], via Wikimedia Commons