The 48 hours after an aggravated assault charge are disorienting in a way that’s hard to overstate. Bail hearings, investigators, protection orders, court dates: every piece of this moves quickly, and the decisions made right now, before most people have had time to think clearly, shape every stage of the case that follows. What happens in those first two days often determines how much room the defense has to work with later.
We’ve built our practice around understanding both sides of that dynamic. Attorney M. Colin Bresee spent years as a prosecutor before crossing to the defense, and that experience changes what we look for in a case. We know how charging decisions get made, what prosecutors weigh when they file, and where the evidence is most likely to be vulnerable. That background informs everything from the first phone call to closing arguments at trial.
What an Aggravated Assault Charge Actually Means in Colorado
Colorado doesn’t use the term “aggravated assault” in its statutes. What most people mean by that term corresponds to first-degree assault under CRS 18-3-202 and second-degree assault under CRS 18-3-203, both felony-level charges carrying serious consequences. First-degree assault is a Class 3 felony. Second-degree assault is typically charged as a Class 4 felony, though specific circumstances can change that classification.
The sentencing ranges reflect how seriously Colorado treats these charges. First-degree assault carries 10 to 32 years in prison and fines up to $750,000. Second-degree assault, when charged as a Crime of Violence, carries 5 to 16 years and fines up to $500,000. The Crime of Violence designation (a sentencing enhancement triggered by conditions such as the use of a deadly weapon or the infliction of serious bodily injury) mandates prison time with no possibility of probation. That designation is one of the most consequential early variables in any case, which is why charge classification deserves immediate attention.
The First 48 Hours: What to Do & What to Avoid
Most of the damage we see in aggravated assault cases wasn’t done by the prosecution. It was done by the defendant in the first 48 hours. The same mistakes come up repeatedly.
The most important thing to do immediately is invoke the right to remain silent and keep it invoked until you have an attorney present. Investigators are trained to keep a conversation going after someone says they don’t want to talk. Voluntary statements made before counsel arrives are among the most reliable sources of self-inflicted damage in these cases. Staying silent isn’t an admission of guilt; it’s a constitutionally protected choice.
Contact with the alleged victim is the second major area of risk. If a protection order is already in place, any contact (a text, a phone call, a message through a third party) is a separate criminal offense. If no order exists yet, reaching out can prompt one and can later be introduced as evidence of consciousness of guilt. The instinct to explain or smooth things over almost always makes the legal situation worse.
On the other side of that: preserve everything that might support your defense. Photographs of any injuries you sustained, witness contact information, relevant text messages, and any surveillance footage from the scene should be documented or secured before footage is overwritten or memories fade.
How Colorado Prosecutors Build an Aggravated Assault Case
Prosecutors evaluating an aggravated assault charge weigh four primary variables when deciding how to file: whether a deadly weapon was involved, the defendant’s mental state at the time of the incident, the severity of the injury, and whether the alleged victim belongs to a protected class under Colorado law, such as a peace officer, firefighter, or emergency medical provider.
One thing that doesn’t get discussed enough is that charge classification isn’t always final at arrest. When a victim’s injuries are still being assessed, their prognosis may not be known for days or weeks. “Serious bodily injury” (a term defined by statute and central to many first-degree assault charges) is sometimes a medical conclusion that arrives after the initial filing. That creates a window where the charge can shift. Mr. Bresee’s years as a prosecutor give us a concrete understanding of how those decisions get made and where the evidence supporting them is most likely to have gaps.
The Legal Process After a Charge: What to Expect
Felony aggravated assault cases in Denver are handled in Denver District Court. The process moves through several distinct stages, and knowing what each one means changes how you approach it.
Initial Advisement & Preliminary Hearing
After arrest, the first court appearance is the initial advisement, where the court informs you of the charges and bail conditions. The preliminary hearing is a critical early stage where the prosecution must demonstrate probable cause that the charged offense was committed. Under CRS 18-1-404, defendants charged with Class 1, 2, or 3 felonies have the right to demand a preliminary hearing. For defendants charged with Class 4, 5, or 6 felonies, that right exists if the charge requires mandatory sentencing, qualifies as a Crime of Violence, or the defendant is in custody at the time. That distinction matters strategically. It changes our leverage and the timeline for challenging the prosecution’s evidence early in the process.
Arraignment & Pretrial
Arraignment is where a formal plea is entered. From that point, Colorado’s speedy trial rule under Rule 48 of the Colorado Rules of Criminal Procedure requires the state to bring the case to trial within 180 days. That deadline shapes how both sides prepare and negotiate. The pretrial phase includes discovery (the exchange of police reports, witness statements, and other evidence) and pretrial conferences where plea negotiations typically occur. For clients facing a Crime of Violence designation, those negotiations require a clear understanding of mandatory minimum exposure before any agreement is considered.
Collateral Consequences That Begin Before Any Conviction
One of the most common mistakes in early-stage defense planning is treating a felony assault charge as a purely criminal problem. Some consequences begin before any conviction is entered.
A felony assault conviction results in the permanent loss of firearm rights under both Colorado and federal law, regardless of whether the charge itself involved a weapon. For non-citizens, a conviction can also trigger deportation or inadmissibility proceedings that run parallel to, and are legally separate from, the criminal case. Immigration consequences aren’t automatically addressed during plea negotiations; they have to be raised by defense counsel, or they often won’t be addressed at all.
Professional licensing is a third area that rarely comes up early enough. Healthcare workers, financial services professionals, educators, and others in regulated fields may face suspension or revocation of their licenses upon felony conviction. Understanding the full scope of what’s at risk before a plea is entered allows the defense strategy to account for it. After a plea, those doors often close.
Common Defense Strategies for Aggravated Assault in Colorado
No two assault cases are the same, and the defense that applies in one may be irrelevant in another. Several recognized avenues arise regularly in Colorado felony assault defense.
Self-Defense
Under CRS 18-1-704, a person may use reasonable force to defend against what they reasonably believed was imminent unlawful force. Self-defense in an intentional assault case is an affirmative defense: the defense raises it, and once raised, the prosecution must disprove it beyond a reasonable doubt. It’s highly fact-specific. The evidence has to support what the defendant reasonably perceived at the moment of the incident, not just what they intended.
Heat of Passion
When this affirmative defense is successfully established, it can reduce a first-degree assault charge from a Class 3 felony to a Class 5 felony. That’s a two-class reduction with substantial impact on the sentencing range and the applicability of the Crime of Violence designation.
Challenging the Prosecution’s Evidence
Intent, witness credibility, evidence reliability, and constitutional violations at the arrest or investigation stage are all viable areas to examine. Whether law enforcement followed proper procedures, whether witnesses have consistent accounts, and whether the physical evidence actually supports the charge as filed are questions that require case-specific investigation. We don’t apply a generic defense checklist. Every strategy we build is grounded in the specific facts, the evidence in discovery, and the circumstances of what actually happened.
Why the First Call Matters
Evidence gets preserved or lost. Statements get made or kept private. Charges get solidified or challenged. Collateral consequences go addressed or ignored. The earlier we’re involved, the more options remain on the table, and the less ground has to be recovered later.
If you or someone you care about is facing aggravated assault charges in Colorado, Law Offices of M. Colin Bresee handles criminal defense exclusively. Mr. Bresee has been working these cases from both sides of the courtroom since 1995. Reach us at (303) 747-4032.