PT2M15S
“now that we understand that domestic violence is actually a sentence enhancer not its own independent charge let's talk about some of the typical criminal offenses that are underlying commonly seen domestic violence cases in other words what are some typical criminal charges that are usually charged as an act of domestic violence the most common thing that we see here in colorado is someone being charged with a third degree assault as an act of domestic violence”
“now this is a wide range the assault statue in colorado is very broad and there are a number of different levels but the most commonly seen charge is a third degree assault which means that one person is acting against another person with whom they're in an intimate relationship with and they do something physically to them that causes them pain the actual elements of assault are that a person commits an act against another person and that person who is the victim in the case feels injury and injury is defined as pain in other words if you do something to someone and you're in an intimate relationship with them and you cause them pain you can be charged with third degree assault”
“now there are other things that can be seen in domestic violence cases that are included in this kind of realm we see sometimes harassment so people will say well what if i don't cause someone pain what if i just pushed them away from me that can actually be charged as harassment again harassment is a broad statute as well so there are any number of ways harassment can be charged but for a physical harassment there has to be a strike a shove a kick or a push to another person who's involved in an intimate relationship and then that can be charged as harassment under the classification of domestic violence”
“now looking at the opposite end of the spectrum we have our third degree assault which is typically charged we can see harassment charge there's another level of assault that can be charged and unfortunately we see this charge quite frequently especially here in colorado and that is a second degree assault also known as a strangulation now with those types of charges they're they're a little bit more nuanced so we dig into that more in a later video but for our sake today just knowing that there are different levels of assault harassment and other charges that can be charged as domestic violence there's any number of ways that you can be charged with an act of domestic violence but those assaults and harassments are the most commonly seen charges in domestic violence cases”
“the most common thing that we see here in colorado is someone being charged with a third degree assault as an act of domestic violence”
“that person who is the victim in the case feels injury and injury is defined as pain”
“that is a second degree assault also known as a strangulation”
“unfortunately we see this charge quite frequently especially here in colorado and that is a second degree assault also known as a strangulation”