Denver Broncos cornerback, Aquib Talib, is under investigation for an aggravated assault that occurred in a night club in Dallas. Talib and his brother were allegedly involved in a physical altercation with other individuals. Talib and his brother left the night club and went to another club before being contacted by the police. Police say a gunshot was fired in the club.
Police say two vehicles associated with the Talib brothers were towed from the club to be searched for evidence. The brothers were questioned and then released from the scene, but charges may still be brought against one or both of them.
Colorado does not have an “aggravated assault.” Colorado has three levels of assault, two are felonies and one is a misdemeanor. Third degree assault is s class one misdemeanor, which requires that a person act knowingly or recklessly and causes injury, which simply means pain, to another person. Second degree assault is a class four felony, which requires that a person either causes serious bodily injury to another OR uses a deadly weapon to cause injury to another. Examples of “serious bodily injury” are a broken bone or a serious burn. First degree assault is a class three felony , which requires that a person causes serious bodily injury AND uses a deadly weapon to cause the injury. Felony level assault requires a prison sentence to be followed by parole.
The gunshot described by the police could give rise to charges in addition to assault charges. In Colorado, even if the gun was not used in the alleged assault, brandishing the gun could result in a felony menacing charge, firing the gun could result in a variety of charges, including illegal discharge of a firearm, reckless endangerment, attempted assault or even attempted murder depending on the circumstances.
Even though Talib has not yet been charged, it would still be wise for him to get a lawyer. It is much more difficult for an attorney to deal with issues that arise after the fact. If you are “just being investigated,” an attorney can help protect your rights. The rights you have before being charged are just as important, if not more important than the rights you have should charges be filed.