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  1. #1
    Join Date
    Sep 2010
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    Default What Constitutes 3rd Degree Assault

    i am accussed of pushing down my sister and kicking and hitting her. however there is only marking on palms of hands where she fell and a bruise on her arm. is this 3rd degree assault in colorado or simple battery. thank you.

  2. #2
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    Sep 2010
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    Default 3rd Degree Assault Colorado is What

    i am accuses of pushing my sister to ground when we were both drunk and kicking and hitting her. the only marks she has is on the palms of her hands where she fell and a bruise on hip and knee and arm. the officer reports saying only bruise is onn arm. so is this 3rd degree assault in colorado.

  3. #3
    Join Date
    Sep 2005
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    Default Re: What Constitutes 3rd Degree Assault

    Third degree assault is defined as:
    Quote Quoting CRS 18-3-204. Assault in the third degree.
    (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 infect, injure, harm, harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, or an emergency medical technician, causes such other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including but not limited to throwing, tossing, or expelling such fluid or material.
    (2)
    (a) An adult or juvenile who has had a court find that there is probable cause to believe that he or she has committed an offense pursuant to paragraph (b) of subsection (1) of this section or is convicted of an offense pursuant to paragraph (b) of subsection (1) of this section or any person who is determined to have provided blood, seminal fluid, urine, feces, saliva, mucus, or vomit to a person for whom probable cause has been found or been convicted of such an offense shall be ordered by the court to submit to a medical test for communicable diseases and to supply blood, feces, urine, saliva, or other bodily fluid required for the test. The results of such test shall be reported to the court or the court's designee, who shall then disclose the results to any victim of the offense who requests such disclosure. Review and disclosure of medical test results by the court shall be closed and confidential, and any transaction records relating thereto shall also be closed and confidential. If a person subject to a medical test for communicable diseases pursuant to this subsection (2) voluntarily submits to a medical test for communicable diseases, the fact of the person's voluntary submission shall be admissible in mitigation of sentence if the person is convicted of the charged offense.

    (b) In addition to any other penalty provided by law, the court may order any person who is convicted of the offense described in paragraph (b) of subsection (1) of this section to meet all or any portion of the financial obligations of medical tests performed on and treatment prescribed for the victim or victims of the offense.
    (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).
    For a lesser charge you were thinking of what? Some type of ordinance violation?

  4. #4
    Join Date
    Nov 2007
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    1,419

    Default Re: What Constitutes 3rd Degree Assault

    In most states things can be considered assault even if it didn't cause someone that much of an injury. Battery and assualt are interchangeable at times,pushing someone and or punching them is a misdemeanor assualt most likely. Discuss w. a lawyer if the charges can be throw out,dismissed via diversion or lowered to a non criminal offense or something like disorderly conduct maybe.

  5. #5
    Join Date
    Jan 2010
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    Oregon
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    123

    Default Re: What Constitutes 3rd Degree Assault

    Just to give you an idea of how little is needed for an assault 3rd charge.

    I got convicted of Assault 3rd in HI when I told my ex I was leaving her for good she wrapped her arms around my leg while I was trying to leave, I kept walking and she got drug over the door threshhold. I never hit her or kicked her, I didnt yank my leg out of her arm or bump her chin that was next to my knee, no bruising no markings. I didnt think I had done anything illegeal so I admitted to doing it but that I had no choice if I wanted to leave.

    It was enough for me to be arrested and sentenced to a year of probation and pay her $2300 for damage caused to her.

  6. #6
    Join Date
    Sep 2010
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    19,901

    Default Re: What Constitutes 3rd Degree Assault

    Injury does not need to include bleeding or broken bones. If she got hurt, she was injured.

    Actually, it sounds like you had more of intent to harm than Third Degree assault would indicate. You're lucky you're only being charged with this.

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