When you are charged with assault in Colorado, it’s easy to get confused about the degree of the assault. It can be hard to focus on the number, and you might not think it matters. This is the essence of the criminal charge, however, and the degree of the assault charge determines whether it’s a felony or a misdemeanor and whether you’re facing years in prison or perhaps just probation or a fine.
This means that any defense that can reduce the degree of assault you’re charged with can make a big difference in the penalties you face, what shows up on your criminal record, and how your life will change after a conviction.
Criminal defense attorney M. Colin Bresee has helped many people achieve a positive outcome after being charged with assault in Colorado. He can help you decide when to take a plea deal and when to go to trial. Whatever choice you make, he will ensure you know the full consequences, so you can make the one that’s best for you. Learn how he can help your case with a free consultation. Contact the Law Offices of M. Colin Bresee now to schedule your consultation. We help people in Denver and across the Front Range.
First-Degree Assault
First-degree assault is considered to be the most serious in the state of Colorado and is a felony. This type of charge is leveled against someone if they knowingly caused another person serious injury, permanent disfigurement, or disability. This term also applies even if the serious harm was inflicted unintentionally—behavior that displays a complete lack of respect, consideration, or regard for another human life and results in serious bodily harm can also be placed under the first-degree assault category. Known as aggravated assault in some states, first-degree assault charges in Colorado can also be brought against someone if they knowingly used a weapon to harm or threaten a police officer, firefighter, paramedic, prison employee, or other protected personnel in the performance of their duties.
First-Degree Assault Technical Definition
You can be charged with first-degree assault in the State of Colorado if you:
- Intend to cause serious bodily injury to another person and do actually cause serious bodily injury to anyone (even if not the intended person).
- Intentionally seriously disfigure or disable another person.
- Acting with “extreme indifference to the value of human life,” you knowingly engage in behavior that creates a grave risk of death and, as a result, causes serious bodily injury to another person.
- Threaten police, a firefighter, a judge, or a prison worker with a deadly weapon and the intent to cause serious bodily injury.
First-Degree Assault Penalties and Defenses
In Colorado, first-degree assault is considered a crime of violence, classified as a class three felony, and can be punishable by a minimum of 10 years in prison because of sentence enhancements. If you were provoked or engaged by the victim into committing the assault, the term “sudden heat of passion” may be used to mitigate your actions. You would have to convince the judge or jury that the circumstances you faced would induce an irresistible passion in a reasonable person. You would also have to show that there was not enough time between the provocation and the act for you to calm down. This would reduce the degree of the felony charge and cut the minimum prison sentence to 30 months, though it would still be a felony conviction.
If the case could be proven to be self-defense, it would establish your innocence in light of the fact that in order to protect yourself from harm, you had to carry out an assault or inflict injury on another person. Another possible defense would be that you were not acting with intent to harm or with “extreme indifference to the value of human life.” In this case, your charge might be reduced to second-degree assault or less.
Second-Degree Assault
What differentiates second-degree assault from first is your intent and the level of bodily injury—serious/potentially deadly harm inflicted on someone else classifies as first, and second-degree assault, while still involving bodily harm, pertains to less than deadly injuries. The definition of bodily harm/injury includes physical pain, illness, cuts, abrasions, burns, bruises, or disfigurements, and impairment of a bodily function, organ, or mental function, no matter how temporary. Second-degree assault is still prosecuted as knowingly or recklessly causing someone else bodily harm and also includes causing harm to a protected employee in the performance of their duties.
In addition to the above, a second-degree assault charge also applies if you administered drugs to someone without their consent in an attempt to cause impairment of any bodily function.
Technical Definition of Second-Degree Assault
In the State of Colorado, you can and will be charged with second-degree assault if you:
- “Intentionally” cause bodily injury to another by means of a deadly weapon or by strangulation.
- “Recklessly” cause serious bodily injury to another by means of a deadly weapon.
- With the intent to cause bodily injury, you cause serious bodily injury.
- Cause bodily injury to anyone while intentionally trying to prevent a police officer or firefighter from doing their duties.
- “Knowingly” apply “physical, violent force” to a police officer (peace officer in the code), firefighter, prison guard, or judge while they are in the performance of their duties.
- Intentionally drug someone without their consent other than for a medical procedure.
In most cases, second-degree assault is considered a violent crime, carrying with it sentence enhancements, including enhanced minimum prison sentences.
Second-Degree Assault Penalties and Defenses:
Under Colorado State Law, second-degree assault is usually a crime of violence and a class four felony. Penalties include a mandatory minimum of five years in prison. If the crime is deemed a result of heat of passion, much like first-degree assault, the sentence can be reduced to a class six felony, carrying a minimum of 18 months imprisonment in most cases.
Common defenses include self-defense and lack of intent. As with first-degree assault, you can argue self-defense to defeat a charge of second-degree assault. Arguing the intent of your actions might also allow you to avoid assault charges.
Third-Degree Assault
In the State of Colorado, third-degree assault is defined as causing bodily injury, whether recklessly or knowingly, with a deadly weapon. Intentionally harassing, threatening, or injuring a police officer, firefighter, or other protected employee with a dangerous weapon or substance is also punishable under third-degree assault.
Technical Definition of Third-Degree Assault
In the State of Colorado, you can be charged with third-degree assault if you:
- Knowingly or recklessly cause bodily injury to another person, or with criminal negligence cause bodily injury by means of a deadly weapon.
- Harass a police officer, firefighter, or paramedic by causing them to contact bodily fluids or other toxic materials.
Third-Degree Assault Penalties and Defenses:
According to the State of Colorado, third-degree assault is considered a class 1 misdemeanor. Depending on the nature of the crime, however, the incident could be termed high-risk, and the third-degree assault sentence could include two years in county jail. This depends on the discretion of the judge, possibly the jury in a third-degree assault trial, and a few other considerations—whether it was a first offense or a second of a similar nature to the first, and whether or not the circumstances surrounding the violent actions mitigated or justified it. If the third-degree assault charges fall under domestic violence, the penalty will most likely include mandatory domestic violence classes.
You might defend against this charge by arguing that your actions constituted a reasonable use of force in the circumstances. For example, a security officer attempting to keep people from entering restricted areas might cause bodily injury in the process but might argue that the force used was reasonable for the circumstances, including the difficulty controlling a crowd and/or persistence of the person injured.
Other Forms of Assault
Colorado law recognizes several other types of charges under the broad label of assault cases.
Vehicular Assault
When you operate a vehicle in a reckless manner and cause serious bodily injury to another person, you can be charged with vehicular assault. The law distinguishes operating a vehicle under the influence of alcohol and/or drugs as a separate definition of vehicular assault.
Vehicular assault is a class five felony with a presumptive sentencing range of one to three years. However, vehicular assault related to a DUI is a class four felony, with a presumptive sentencing range of two to six years’ imprisonment, according to C.R.S. 18-3-205.
Domestic Violence
Your assault charges may be labeled as domestic violence if you share an intimate relationship with the victim. The court is given wide latitude in sentencing with respect to domestic violence, with the goal of protecting the victim from additional violence. To protect the victim, the offender may be ordered to surrender any firearms they possess until they have completed their sentence.
Menacing
Menacing is when a person makes a threat or physical action to knowingly put a person in fear of imminent physical injury. This is typically a class one misdemeanor but can be a class five felony if the crime is committed using a firearm, knife, or bludgeon. It can also be a class five felony if committed by a habitual offender of domestic violence.
Enhanced Penalties for Assault Crimes
There are several cases where Colorado law imposes additional penalties related to assault crimes.
Enhanced Sentencing for Assaults Against At-Risk Adults
Colorado defines at-risk adults as anyone over the age of 70 or an adult with a disability. The State of Colorado views crimes against at-risk adults as very serious. When the victim of an assault is an at-risk adult, the crime is charged and sentenced as a higher category of felony.
First-degree assault against an at-risk adult is a class two felony, with a minimum sentence of 16 years imprisonment. If the assault took place in the heat of passion, it is considered a class four felony, with a minimum sentence of five years imprisonment.
Second-degree assault on an at-risk adult is a class three felony with a minimum sentence of ten years imprisonment when considered a violent crime. For crimes committed in the heat of passion, the crime is a class five felony, which carries a minimum sentence of 30 months imprisonment when considered a violent crime. Third-degree assault against an at-risk adult is considered a class six felony, with a minimum sentence of 15 months imprisonment.
Mandatory Prison Sentence for Assault of First Responders
Whenever a felony assault causes serious bodily injury to a police officer, firefighter, or emergency medical care provider, the judge must sentence a person to prison rather than probation or other types of penalties.
Repeat or Habitual Felony Offender Sentencing
The State of Colorado seeks to discourage repeat offenders by establishing harsh penalties for people convicted of three or more felonies. For first-degree assault, a habitual offender might be facing life imprisonment. For second-degree assault, a third conviction could result in a sentence that’s three times as long.
Charged With Assault? Get Legal Representation
Assault charges can be very serious. In addition to typically being felonies, these types of crimes are subject to numerous magnifications of sentences. Because they are typically considered violent crimes and extraordinary risk crimes, the range of sentences can be increased by up to four years, and the minimum sentence is at the midpoint of the range of sentences, not the bottom. These charges can become even more serious if the victim is an at-risk adult or a first responder. Domestic violence charges can also worsen the typical assault charge.
Because of the severity of these charges and the complexity of sentencing, you should get legal representation. The Law Offices of M. Colin Bresee is not a “factory” operation. Mr. Bresee will meet with you personally and help you understand the charges against you or your loved one. He will work with you to design a personalized criminal defense for your case, something that has the best odds of achieving the outcome you hope for. Mr. Bresee is prepared to take your case to trial if that’s the only way to get the outcome you like—he won’t force you to accept a plea deal that isn’t good for you. On the day of your trial, Mr. Bresee will be the attorney at your side—you will benefit from his expertise and extensive experience.
The initial consultation in your case is free. If you do choose the Law Offices of M. Colin Bresee, we also offer payment plans to help you get the legal representation you deserve at a price you can afford.
Please contact us at any time to schedule your initial free consultation.
Disclaimer: Neither this page nor any other on the website constitutes legal advice and does not establish a client-attorney relationship.
