When people have an encounter with police, sometimes nerves get the best of them and they react in ways they wouldn't normally react. In one recent news story, police were called to a McDonald's restaurant at a truck stop after employees called 911 to report a disturbance. Police responded to the call, where a man and woman were acting strangely. When police addressed the man and woman, the woman tried reaching for one of the deputy's guns. After multiple times of telling her to stop, the woman threw a cup of coffee she was holding in the officer's face. The coffee was between 150 and 180 degrees, which temporarily blinded him for three to five seconds. In Denver, the woman could face charges of Assault in the Second Degree, C.R.S. 18-3-203, or Second Degree Assault on a Peace Officer.
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Second Degree Assault on a Peace Officer Charges in Douglas and Adams County
In Douglas and Adams County, Assault in the Second Degree is charged under many circumstances. One way it is charged is if, “with intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person”. “Bodily injury” includes physical pain, illness, or any impairment of physical or mental condition. If the police officer experienced physical pain from the coffee that was thrown at him, the woman would likely face Second Degree Assault charges, if intending to prevent the officer from performing a lawful duty.
Second Degree Assault on a Peace Officer Lawyer in Jefferson County | 2nd Degree Assault Not Hard to Charge
In Jefferson County, 2nd Degree Assault charges involving police are often filed alongside Resisting Arrest or Obstructing a Peace Officer charges because of the broad definition of “bodily injury”. All a police officer has to do is allege they felt or experienced any pain, including a bruise or minor cut, while trying to perform a lawful duty. The criminal defense lawyers at the O'Malley Law Office have seen Second Degree Assault charges involving police filed after someone was drinking and didn't understand why they were being arrested. In other cases, we have seen people face Second Degree Assault on a Peace Officer charges after accidentally injuring an officer during a riot. A less common way we see 2nd Degree Assault on a Police Officer charges is if an inmate injures a police officer, or causes a prison guard to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit or any toxic, caustic, or hazardous material.
Attorney for 2nd Degree Assault on Police in Arapahoe County: Call Us Today
Second Degree Assault on a Peace Officer can be charged as a class 3 felony, class 4 felony or class 6 felony depending on the details of the alleged assault. The Colorado Judicial System has no compassion when it comes to cases involving assault on a police officer. You need a skilled criminal defense lawyer to fight for your rights and who can present a strong defense if facing Second Degree Assault on a Police Officer charges in Colorado. Don't risk facing a lengthy prison sentence, high fines or a criminal record by fighting the government alone. Call our office today to set up a free initial consultation and protect your future.
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If you or a loved one has been accused of Second Degree Assault on a police officer in Colorado, be smart and exercise your right to be silent. Then, contact the O'Malley Law Office today at 303-830-0880 for a free consultation. Together, we can protect your future.Request a Free Consultation
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