People lose their temper all the time. It is not an uncommon occurrence. Sometimes when people react in anger, they do things they would not normally do, like spitting on someone. While it might seem like an innocent reaction to outrage, it can carry serious consequences in Fort Collins, Loveland, and across Larimer County.
What Can Happen after Spitting on Someone?
Just ask Andre LaFrance of Wasilla, Alaska. He spit on a hospital worker and was charged with attempted murder. Does that sound crazy? Well, in Colorado there is an actual lawful basis for that charge. Both First Degree Murder – C.R.S. 18-3-102, and Second Degree Murder – C.R.S. 18-3-103, discuss the use of deadly weapons, where the term “deadly weapon” is defined as any:
- Firearm, whether loaded or unloaded; or
- A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury
How is Saliva a Deadly Weapon?
[pullquote align=”right” textalign=”center” width=”25%”]Your spit might just be that deadly weapon the District Attorney needs to charge you with a serious felony.[/pullquote]Saliva is considered a substance, and if that substance carries an infectious disease capable of causing death or serious injury, then it is considered a deadly weapon. In Mr. LaFrance’s case, he had hepatitis C, which is an infectious disease, and therefore capable of producing death or serious bodily injury.
There have even been cases where HIV positive men and women have been charged with Attempted Murder, Assault with a Deadly Weapon, Assault, and battery by bodily waste after spitting on another person. Even though medical professionals have confirmed that HIV cannot be transmitted through saliva and only through blood, saliva from HIV positive people is still considered a deadly weapon in Larimer, Jackson, and Boulder County.
Not surprisingly Menacing, which is usually a Class 3 misdemeanor, becomes a Class 5 felony if a deadly weapon is involved. And, your spit might just be that deadly weapon the District Attorney needs to charge you with a serious felony.
Why You Need a Criminal Defense Attorney for Menacing Charges
Seem unfair? We think so too! If you have been charged with any crime because you spit on someone, contact one of our experienced criminal defense lawyers to fight for you. These charges may range from Attempted Murder, to Assault or even Menacing. With your future at stake, don’t leave anything up to chance. Let us help you get the best possible outcome for your case.
If you or a loved one has been charged with any crime after a spitting incident, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney for a free consultation at our convenient downtown Fort Collins office at 970-658-0007.
Together, we can protect your future.