Colorado’s laws pertaining to domestic violence are not very clear and understandable to the average person. Under state law, “domestic violence” is not a standalone crime. Instead, it is easiest to understand the phrase as a label. If a person commits a violent crime against another person, and the relationship between the offender and the victim fits the legal definition of an “intimate relationship” (a topic for another time), then the prosecution can classify the underlying criminal offense(s) as domestic violence related. This subjects the defendant, if convicted of the crime or crimes, to specialized sentencing provisions.[i]
One of the most common crimes tagged with the domestic violence label is third degree assault – knowingly or recklessly causing injury. This crime is defined as follows:
A person commits the crime of assault in the third degree if 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.[ii]
Third degree assault is a class one misdemeanor,[iii] for which a defendant can be sentenced up to 364 days imprisonment (but not in a state correctional facility) and/or a $1,000 fine.[iv]
“Knowingly” is fairly self-explanatory. A person acts knowingly when he or she “is aware that his [or her] conduct is of such nature or that such a circumstance exists,” or “when he [or she] is aware that his [her] conduct is practically certain to cause the result.”[v] An example of “knowingly” is where A punches B because A wants to punch B. That would be knowingly committing an assault.
“Recklessly” is defined as when a defendant “consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.”[vi] An example of acting “recklessly” would be where A is in a crowd, maniacally flailing and swinging his arms around because he wants to do this. A hits B. Because A acted recklessly by flailing his arms around in a crowd, A assaulted B by his careless conduct.
Third degree assault requires proof of a bodily injury.[vii] The bodily injury does not have to be much. “Some physical pain . . . however slight”[viii] is sufficient to satisfy this requirement. Therefore, shoving into walls, scratching with fingernails and hair-pulling would be enough to charge an assailant with third degree assault.
If you have been charged with domestic violence, contact Mile High Legal to get experienced Colorado criminal defense attorneys to help you navigate your case to a successful resolution.
[i] § 18-6-801, C.R.S.
[ii] § 18-3-204(1)(a), C.R.S.
[iii] § 18-3-204(3), C.R.S.
[iv] § 18-1.3-501(1)(a.5), C.R.S.
[v] COLJI-Crim. (2023), F:195, p. 661
[vi] COLJI-Crim. (2023), F:308, p. 891
[vii] People v. Berner, 42 Colo. App. 520, 522 (1979)
[viii] People v. Hines, 194 Colo. 284, 289 (1977)
