In Colorado, assault is a serious criminal offense. However, not all assault cases are equal. There are actually three different degrees of assault. The most serious is first-degree assault. Third-degree assault is the least severe offense, but a conviction could still land a person facing serious jail time. At The Martin Law Firm, we are committed to protecting the rights of our clients. If you are facing any type of assault allegation, it is crucial that you know the law. Here, our Montrose criminal defense attorney provides an overview of all three degrees of assault charges in Colorado.
An Overview of Third Degree Assault Charges in Colorado (The Lowest Tier)
Third-degree assault is the least severe of Colorado’s assault offenses. Nonetheless, it remains a serious crime with real consequences. The statute for third-degree felony charges in Colorado is C.R.S. § 18-3-204. The state can charge third-degree assault when a person:
- Knowingly or recklessly causes bodily injury to another; or
- When a person acts with criminal negligence and uses a deadly weapon to cause bodily injury.
For the purposes of the law, “bodily injury” is defined broadly and can include pain, bruising, or physical discomfort. Prosecutors have significant discretion in these cases. Third-degree assault is a class 1 misdemeanor.
Note: If a third-degree assault case involves an alleged act of domestic violence, the consequences increase sharply.
An Overview of Second Degree Assault Charges in Colorado (A Mid-Tier Offense)
The middle tier of assault offense in Colorado is a second-degree assault. It is a far more serious offense than third-degree assault. The statute is C.R.S. § 18-3-203. Notably, it is a complicated law and it contains multiple subsections that criminalize a wide range of conduct. The statute covers:
- Intentional bodily injury with a deadly weapon;
- Intentional injury that causes serious bodily injury;
- Reckless conduct that creates serious bodily injury with a deadly weapon; and
- Certain specific acts involving law enforcement or emergency personnel.
The central concept in many second-degree assault cases is “serious bodily injury.” Colorado defines it in technical terms. It involves substantial risk of death, permanent disfigurement, prolonged impairment, or long-term loss of bodily function. Whether an injury meets that threshold matters for determining whether or not a case can be prosecuted as a second-degree felony assault.
An Overview of First Degree Assault Charges in Colorado (A Very Serious Felony)
First-degree assault is the highest and most severe assault charge in Colorado. The statute is C.R.S. § 18-3-202. The following could lead to a first-degree assault charge:
- Intentional acts that cause serious bodily injury with a deadly weapon;
- Intentional disfigurement, or conduct that shows extreme indifference to human life;
- Conduct that creates a grave risk of death; and
- Certain specific provisions for assaults on peace officers, firefighters, judges, and other protected officials.
One of the defining features of first-degree assault is intent. The prosecution must prove that the defendant intended to cause serious harm or acted with extreme indifference to human life. This distinguishes first-degree assault from lower tiers. The required mental state is higher.
Reviewing the Penalties for the Different Types of Assault in Colorado
What type of penalties will you face if you are convicted of assault in Colorado? The answer depends, in large part, on the specific circumstances of the case. The most important factor is the classification of your assault charge. Here is an overview of the penalties:
- Third Degree Assault: Third-degree assault is a class 1 misdemeanor in Colorado. A conviction can result in up to 364 days in jail and substantial fines. Beyond that, courts in the state can also impose probation with strict conditions, including treatment, counseling, and compliance with a Mandatory Protection Order (if in a domestic violence case). The specific circumstances always matter. Judges may consider the presence of children, prior convictions, and the severity of the alleged injury. Further, payment of financial restitution is mandatory when the victim suffers out-of-pocket losses. Even though this is the lowest-level assault offense, a conviction creates long-term consequences, including criminal-record barriers, immigration complications, and employment difficulties.
- Second Degree Assault: In Colorado, second-degree assault is a class 4 felony. The penalties are far more severe than they are for third-degree assault charges. The presumptive sentencing range is two to six years in prison. There is also mandatory parole. When the prosecution alleges that the offense involved serious bodily injury or the use of a deadly weapon with specific intent, the case may qualify as a crime of violence under C.R.S. § 18-1.3-406. If that enhancement applies, probation becomes unavailable, and the sentencing range typically increases to five to sixteen years. A felony assault conviction also triggers collateral consequences, including loss of firearm rights, employment barriers, immigration problems, and strict conditions in any future criminal proceeding.
- First Degree Assault: A first-degree assault is the most serious assault charge in Colorado. It is a class 3 felony that can carry very serious criminal penalties. The presumptive sentencing range is four to twelve years in prison with mandatory parole. Most versions of first degree assault qualify as crimes of violence. That matters because it can substantially increase sentencing exposure. If the enhancement applies, the required sentencing range often rises to ten to thirty-two years. Courts have limited discretion in these cases, and probation is almost always unavailable. Restitution, long-term supervision, and strict post-release restrictions are common with these charges. Further, a conviction for first-degree assault also eliminates firearm rights permanently, and it can create significant barriers to both employment and housing.
Assault Charges in Colorado: Frequently Asked Questions (FAQs)
Does the category of assault charge matter?
Yes. It matters a lot. A third-degree assault in Colorado is a misdemeanor offense. On the other hand, a first-degree assault is a felony offense. There are more serious penalties for second and first-degree assault charges.
Can I be convicted of assault even if there was no visible injury?
Yes. Colorado’s definition of “bodily injury” includes pain, physical discomfort, or minor harm that may not leave a mark. Visible evidence helps the prosecution, but it is not required.
Will I go to jail if I am convicted of assault in Colorado?
Jail or prison is possible at every level of assault. First and second degree assault carry felony-level prison sentences. There may even be mandatory incarceration. Beyond that, even third-degree misdemeanor assault charges still carry a risk of jail time.
Why Defendants Trust Colorado Assault Defense Lawyer Brent Martin
Are you facing an assault charge in Montrose County and elsewhere in the surrounding region in Colorado? Whether it is a first-degree assault, second-degree assault, or third-degree assault, it is imperative that you take immediate action to protect your rights. Our founder and managing attorney, Brent Martin, is a criminal defense lawyer with more than two decades of experience in Colorado. Your initial consultation with our Montrose, CO assault defense lawyer is completely confidential and carries no additional obligations.
Get Defense Help Today
At The Martin Law Firm, our Colorado assault defense lawyer invests time, resources, and attention into the small details of each and every case. If you were charged with any degree of assault, you need professional representation. Contact us right away for your completely confidential consultation. With an office in Montrose, we defend assault charges throughout the region, including in San Miguel County, Montrose County, Mesa County, and Delta County.