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Denver Third Degree Assault Attorney | Assault in the Third Degree – C.R.S. 18-3-204

If you're facing charges of Assault in the Third Degree in Colorado, contact a criminal defense attorney at the O'Malley Law Office right away.

Assault in the Third Degree is the third most serious form of Assault in Colorado. If confronted by police regarding an Assault in the Third Degree charge, always exercise your 5th amendment rights to remain silent. Then, consult a Denver Third Degree Assault attorney. The earlier an Arapahoe County Third Degree Assault lawyer is involved, the better. Don’t risk your future by standing alone in the courtroom. You need an experienced Third Degree Assault attorney to represent your side of the story and present your best defense to the judge and jury.

Third Degree Assault Attorney in Denver County: What is Assault in the Third Degree?

Third Degree Assault – C.R.S. 18-3-204, can be easily charged in Denver, Adams County, Jefferson County, and across Colorado. Third Degree Assault can be charged whenever bodily injury is caused to another person, either knowingly or recklessly; or by a deadly weapon with criminal negligence. 3rd Degree Assault can also be charged when a person causes an emergency responder or emergency medical responder to come into contact with a fluid or material by any means (including tossing, throwing, or expelling the fluid / material), with the intent of harassing, annoying, threatening, or alarming the emergency responders.  The types of fluids include blood, seminal fluid, urine, feces, saliva, mucus, vomit; or toxic, caustic, or hazardous material.

There are two important definitions to consider when charged with 3rd Degree Assault. These are:

1.Bodily Injury, 18-1-901(3)(c)

Whenever someone causes bodily injury to another person, they cause the other person physical pain, illness, or any impairment of physical or mental condition. Some examples of bodily injury could include a cut or bruise, a sickness from coming into contact with another’s blood or bodily fluid, or a concussion. Broken bones, burns, and other serious injuries would be considered serious bodily injury.

2.Deadly Weapon, 18-1-901(3)(e)

A deadly weapon is a firearm, whether loaded or unloaded, a knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that’s used or intended to be used in such a way that’s capable of producing death or serious bodily injury.

Denver 3rd Degree Assault Lawyer: Examples of Third Degree Assault in Colorado

A group of friends end up getting drunk one night at a bar in downtown Denver. While at the bar, they start to get rowdy and cause a disturbance on the dance floor. When police arrive, one man starts to feel sick from all of the alcohol. As he’s being escorted by a police officer, he ends up throwing up on him. For expelling the fluid (vomit) from his body onto the peace officer, he could face charges of Third Degree Assault.

A woman and her husband get into an argument in the middle of the night in their home in Douglas County. After realizing the husband isn’t going to agree with her, the woman becomes more irate. She takes off one of her high heels and tosses it at her husband, hitting him in the neck and cutting him. The wife could face charges of Third Degree Assault for knowingly causing bodily injury (pain) to her husband by throwing the shoe.

Our criminal defense attorneys will fight aggressively to protect your future if you’ve been charged with Third Degree Assault.

What is the Sentence for 3rd Degree Assault in Denver?

Class 1 Misdemeanor

6 Months – 18 Months in Jail

Class 1 Misdemeanor (Extraordinary Risk)

6 Months – 24 Months in Jail

Assault in the Third Degree is a class 1 misdemeanor extraordinary risk crime in Denver, Highlands Ranch, Boulder and across Colorado. Extraordinary risk crimes in Colorado are simply crimes that create an “extra” risk to the health and safety of society.  Because of the extra risk of harm an extraordinary risk crime creates for society, a defendant’s jail / prison sentencing is extended. Normally, a class 1 misdemeanor can result in 6 months to 18 months in the Denver County Jail. But, for a class 1 misdemeanor (extraordinary risk) conviction, a defendant could face Douglas County Jail sentencing from 6 months to 24 months.

If you are convicted of Third Degree Assault in Denver County and the victim is a peace officer, emergency service provider, emergency medical care provider or firefighter engaged in the performance of their official duties, changes are made in the minimum and maximum jail sentence.  In a very unusual move, the Colorado legislature has made this crime subject to a minimum jail sentence of two years and a day, if these governmental workers are the victim. Additionally, the maximum imprisonment sentence is doubled to four years. If you are convicted of 3rd Degree Assault or reckless endangerment and the victim is a mental health professional employed by or under contract with the Department of Human Services engaged in the performance of their official duties, the maximum imprisonment sentence will also be doubled.

Further, according to C.R.S. 18-1.3-501(6), if you’re convicted of Assault in the Third Degree (in addition to any fine set by the court) you will face a term of imprisonment for at least six months if:

A victim of 3rd Degree Assault was pregnant at the time the offense was committed

The defendant knew or should have known the victim of the offense was pregnant

Denver 3rd Degree Assault Criminal Lawyer: Why You Need an Attorney for 3rd Degree Assault Charges

We’ll put our 40 years of combined courtroom experience in action and fight hard for you

If you have been arrested or charged with Assault in the Third Degree in Denver County, El Paso County, Douglas County, or anywhere else in Colorado, the best thing you can do is consult an Assault in the Third Degree defense attorney and exercise your 5th amendment rights to remain silent. Don’t speak to police. That will hurt your case even more. Involving one of our criminal defense attorneys early on in your case will ensure all evidence is fully and properly evaluated. One of the best ways we can evaluate evidence in an assault case is by interviewing key witnesses. This will ensure all sides of the story are heard and understood. We will put our 40 years of combined courtroom experience in action and fight for your best defense. Contact us today.

Get Help Now

If you or a loved one is facing a Third Degree Assault charge anywhere in Colorado, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys at the O’Malley Law Office at 303-830-0880. Together, we can protect your future.
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Assault in the Third Degree Statute – C.R.S. 18-3-204

“(1) 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; or

(b) The person, with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.

(2) Repealed.

(3) Assault in the third degree is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).

(4) Repealed.”