Legal Question in Criminal Law in Colorado
what are the elements of a simple assault in Colorado - No touching took place- Accused threatened to kill victim two years ago. A "No Contact" order was put into place and was set to expire within the month of June2012. Perp sees the victim on the road and begins to drive in an aggressive manner. The Victim is unaware of the drivers identity. The perp drives into a parking lot, the victim drives into the parking lot to obtain the license plate of the car to report the behavior to the authorities and the perp quickly reverses direction, driving at a fast rate of speed directly at the victim. This is when the victim sees that the driver is the perp and is in fear of bodily injury (based on prior threat by the perp to kill them). The perp swerves at the last minute avoiding the victim's car and speeds away.
2 Answers from Attorneys
This could be an attempted assault, hard to say, attempt is defined as a substantial step towards committing a crime. Please feel free to call me for a more detailed answer. Good luck.
You don't need to go with assault or attempt. Since there is a protective Order in place, this action is likely a violation of that protective order. "No contact" orders usually contain language that would cover this situation. Reread this Order, then contact the Court or police. Very simple.
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