Assault in the third degree Criminal Defense Attorneys in Colorado

Have you been charged with the crime § 18-3-204 Assault in the third degree? This is a serious charge and demands immediate legal representation and guidance. The Law Offices of Decker & Jones know how to successfully defend a §18-3-204 Assault in the third degree charge in the State of Colorado to protect your innocence.

What to do if Charged?

1. Do not contact the accuser

You may be tempted to contact the accuser to try and resolve the issue directly. Do not contact the accuser. All correspondence before and after the incident can and will be used against you. A lawyer should be representing you in all stages to ensure that nothing hurts the defense case.

2. Do not destroy evidence

You may think that destroying any evidence in your possession will help your defense case. However tampering with evidence will almost always backfire against the defendant. Prosecutors have many resources to recover evidence that you think has been completely destroyed. When the evidence is presented in negotiations or at trial, it will make you look more guilty if you tried to destroy it beforehand. Tampering with evidence is also a crime in itself, which can be added on top of the sentence you could receive for Assault in the third degree

3. Contact an experienced attorney

When you are charged with Assault in the third degree, it is critical to exercise your right to an attorney. Your life is on the line and The Law Offices of Decker & Jones are prepared to defend your case. Contact us immediately at 303-573-5253 – even if you have not been charged yet. You need a defense team working in your corner to combat the prosecution ASAP.

The Basics Of § 18-3-204 Assault in the third degree

See below to read the law pertaining to § 18-3-204 Assault in the third degree

The Law

Reference the definitions from § 18-3-204 for details on the terminology

Definitions

Decker & Jones will help you understand how the law pertains to your case

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§ 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 by Laws 2016, Ch. 304, § 5, eff. July 1, 2016.

(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 by Laws 2015, Ch. 109, § 2, eff. July 1, 2015; and Laws 2015, Ch. 337, § 3, eff. Sept. 1, 2015.

§ 18-3-201 Definitions

As used in sections 18-3-201 to 18-3-204, unless the context otherwise requires:

(1) “Emergency medical care provider” means a doctor, intern, nurse, nurse’s aide, physician’s assistant, ambulance attendant or operator, air ambulance pilot, paramedic, or any other member of a hospital or health-care facility staff or security force who is involved in providing emergency medical care at a hospital or health-care facility, or in an air ambulance or ambulance as defined in section 25-3.5-103(1) and (1.5), C.R.S.

(1.3) “Emergency medical service provider” has the same meaning as set forth in section 25-3.5-103(8), C.R.S. The term refers to both paid and volunteer emergency medical service providers.

(1.5) “Firefighter” means an officer or member of a fire department or fire protection or fire-fighting agency of the state, or any municipal or quasi-municipal corporation in this state, whether that person is a volunteer or receives compensation for services rendered as such firefighter.

(1.6) “Gender identity” and “gender expression” have the same meaning as in section 18-1-901(3)(h.5).

(1.7) “Intimate relationship” has the same meaning as in section 18-6-800.3.

(2) “Peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties” means a peace officer, as described in section 16-2.5-101, C.R.S., a firefighter, or an emergency medical service provider, who is engaged or acting in, or who is present for the purpose of engaging or acting in, the performance of any duty, service, or function imposed, authorized, required, or permitted by law to be performed by a peace officer, firefighter, or emergency medical service provider, whether or not the peace officer, firefighter, or emergency medical service provider is within the territorial limits of his or her jurisdiction, if the peace officer, firefighter, or emergency medical service provider is in uniform or the person committing an assault upon or offense against or otherwise acting toward the peace officer, firefighter, or emergency medical service provider knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider. For the purposes of this subsection (2) and this part 2, the term “peace officer” includes county enforcement personnel designated pursuant to section 29-7-101(3), C.R.S.

(3) “Sexual orientation” has the same meaning as in section 18-9-121(5)(b).

Free Legal Consultation Regarding Charge § 18-3-204 Assault in the third degree

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