Kukla's Korner Hockey
by Paul on 11/26/13 at 04:32 PM ET
from Eric Macramalla at CBS Sports,
Under Colorado criminal law, third degree assault is called a Class 1 Misdemeanor and is often charged in cases of domestic violence. To be considered third degree assault, Varlamov has to have knowingly or recklessly caused bodily injury to Vavrinyuk.
As far as prison time, if convicted, Varlamov could face up to two years in jail (and not a maximum of six months as some have reported). He would also have to attend mandatory domestic violence classes.
Since the sentence could be anywhere between zero to two years, a judge would look at a number of factors when sentencing Varlamov, including whether it's his first offense, the type of damage inflicted and whether there are surrounding circumstances that justified his action (like self-defence).
So jail is Varlamov's first concern.
The second: deportation.
Under a federal US law called the Immigration and Nationality Act, a noncitizen can be ordered deported if he or she is convicted of a crime that is listed as a "crime involving moral turpitude." One such crime is domestic violence. So a conviction on third degree assault could trigger deportation.
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