Legal Question in Criminal Law in Colorado

3rd degree assault

my friend was charged with 3rd degree assault. he had punched a guy after a misscomunication at work. the man had called him a ''spic'' and told him to go back where he came from. that is when my friend lost his temper. i was wondering if the charges against my friend would be incorect in the fact that he was verbally assaulted first. any info would be greatly appriciated thank you


Asked on 12/19/06, 11:23 am

2 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: 3rd degree assault

Only a jury will help out your friend. If he pleads guilty, instead of requesting and going to a jury trial, no one will ever know about this. Strictly legally, you email states that your friend was the one to elevate this from a verbal exchange to a physical fight. So, legally, he is guilty. Practically, he may be not. Only a jury can help him.

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Answered on 12/19/06, 11:45 am
Philip Rosmarin Rosmarin Law Firm

Re: 3rd degree assault

I think you've answered your own question: your friend lost his temper. It's "sticks and stones." A prior verbal assault is not a defense to a physical retaliatory assault. From your description it doesn't sound as though your friend felt threatened, which might be the basis for a civil lawsuit in assault against the racist name-caller. It sounds like he was merely insulted - although rightly so, that is not a legal defense to punching someone.

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Answered on 12/19/06, 2:00 pm


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