A former CIA contractor faces charges for assault in Colorado following a fight with another man over a parking space outside of a bagel shop. The man had been in the news earlier this year for a shooting incident in Pakistan. On the morning of Saturday, October 1, the alleged assailant got into an argument with another customer over who had the right to a particular parking space. The alleged assailant admits that he hit the victim first, but he also claims that the victim hit him at least five times. He was arrested and charged with third-degree assault.
The victim suffered multiple injuries, including a fractured vertebra, adhesions and contusions, and head injuries. When the alleged assailant was arraigned in court on Tuesday, October 4, the victim appeared bearing a large U-shaped wound on his forehead. Upon learning of the victim's broken back, authorities changed the charges from third-degree to second-degree assault.
Third-degree assault is a misdemeanor under Colorado law. The statute defines it, in part, as knowingly or recklessly causing bodily injury to someone, or negligently causing injury to someone with a deadly weapon. Second-degree assault, meanwhile, is a felony. Its definition includes intent to cause bodily injury to someone, and then causing such injury to a person with a deadly weapon. If no weapon is involved, the statute states that the bodily injury must be "serious." Note that the injury does not need to be to the person the accused intended to injure. The statute also defines second-degree assault as recklessly causing injury to someone using a deadly weapon.
The two key distinctions between the two levels of assault are the severity of the injuries and the mental state of the accused. None of the reporting on the incident indicates that anyone used a weapon, although reports note that the victim had a distinct wound on his forehead. The elevation of the charge by police hinges on further news of the victim's injuries, which went from "bodily injury" to "serious bodily injury" with news of the spinal injury. In this sense, the charge faced by the alleged assailant is based on the harm he caused, not on what he was thinking or feeling at the time. The exact same conduct could lead to different charges depending on how badly someone is injured.
At the same time, the two statutes describe different mental states, known to lawyers as mens rea, for the offenses. The third-degree assault statute requires prosecutors to prove that the accused acted knowingly, meaning he was aware of his actions and their likely consequences, or recklessly, meaning he was generally aware of his actions but indifferent to the consequences. Second-degree assault, under these circumstances, requires prosecutors to prove that he acted intentionally, meaning that he not only knew what he was doing but that he intended it to result in an assault. "Intent" is the highest level of mens rea and the hardest for prosecutors to prove.
Orange County criminal defense attorney Barney Gibbs represents Californians who have been arrested for alleged criminal offenses. For a free and confidential consultation to discuss your case, contact him through his website or at (714) 838-9019.
More Blog Posts:
Mistrial Declared in Machete Attack, Orange County Criminal Attorney Blog, June 6, 2011
2 Year Old's Death Results in Murder Conviction, Orange County Criminal Attorney Blog, January 27, 2011
Tainted Water Bottle Case Goes to Court, Orange County Criminal Attorney Blog, September 29, 2010
