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Third Degree Assault Against an At-Risk Elder – Adult | Elderly Man Punched Over Nutella

Posted by Kyle B. Sawyer | Oct 02, 2015 | 0 Comments

We all go crazy for food—sometimes too crazy. According to the news, one man's craze for food drove him to repeatedly punch an elderly man over Nutella samples. Apparently, the elderly gentleman told the man to take only one sample of an Eggo waffle with Nutella after the man grabbed too many samples. This was enough reason for the man to begin repeatedly punching the 78-year-old gentleman. The elderly man suffered from a cut and swelling above his eye as a result. In Denver and Adams County, the man could face charges of Third Degree Assault Against an At-Risk Elder or At-Risk Adult.

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Third Degree Assault in Denver and Littleton

Assault in the Third Degree, C.R.S. 18-3-204, can be charged in Denver and Littleton under many circumstances. It's commonly charged in Colorado when a 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” (C.R.S. 18-3-204(1)(a)). Some of the most important words here are “criminal negligence”. A District Attorney would have to prove the man in the news story acted with criminal negligence. A DA would have to prove he acted with neglect for how a situation might turn out and caused bodily injury. But, did he use a deadly weapon in the assault? Let's read on to find out.

The Definition of a Deadly Weapon in Colorado

When reading the 3rd Degree Assault statute, it's common to think a deadly weapon (like a knife or a gun) must be used to cause harm to a victim. But, that's not always the case. A deadly weapon's legal definition, C.R.S 18-1-901, is broad enough that this man's fists can be seen as a deadly weapon. His fists were capable of producing bodily injury. The repeated punching left the old man with a cut and swelling above his eye. These qualify as bodily injury, because they caused the elderly man pain.

3rd Degree Assault Against an At-Risk Adult – Elder in Douglas County

Because the elderly man is over seventy years of age, he qualifies as an at-risk elder. Elderly people in Douglas and Jefferson County are seen as frail and incapable of self-defense. So, the stakes are higher when a crime is committed against them. That means this man's potential charges of 3rd Degree Assault could be elevated to a class 6 felony Third Degree Assault Against an At-Risk Elder since the elderly man was “at-risk”.

Denver Third Degree Assault Against an At-Risk Elder and Adult: Hire a Criminal Defense Attorney

Crimes against at-risk adults carry heavier consequences. You need an expert criminal defense lawyer to protect your future.

Charges of Third Degree Assault Against an At-Risk Elder can be common in Denver and Arapahoe County. When people are charged with Third Degree Assault of an At-Risk Adult, they aren't thinking about elevated consequences. They're only thinking of their current hardships or high emotions. If charged with Third Degree Assault Against an At-Risk Elder in Colorado, consult an aggressive criminal defense lawyer immediately. We will fight hard on your behalf for to get the best possible outcome in your case.

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If you or a loved one has been charged with Third Degree Assault against an At Risk Elder, At Risk Adult or At Risk Juvenile, be smart, exercise your right to remain silent, and contact the best Denver criminal defense attorneys at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation

Image Credit: Pixabay – sipa

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 top criminal defense lawyers at Sawyer Legal Group, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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