Aggravated Assault Defense Attorney in Denver

Colorado Assault Charges: What “Aggravated Assault” Actually Means Under the Law

Colorado has no statute titled “aggravated assault.” The term describes first-degree and second-degree assault charges elevated by qualifying circumstances. Each degree carries a different sentencing range. When the charged conduct meets Colorado’s statutory sentencing requirements, a conviction requires imprisonment that a judge can’t suspend.

Conduct Charged As First-Degree Assault (CRS 18-3-202)

First-degree assault is generally a Class 3 felony. It includes intentionally causing serious bodily injury with a deadly weapon, intentionally causing permanent disfigurement or a disabling injury, and engaging in specified extreme-indifference conduct that creates a grave risk of death and causes such an injury. The statute also covers specified threats against peace officers and correctional employees involving such a weapon while they’re performing official duties.

Serious bodily injury is a statutory category covering injuries that create a substantial risk of death, cause substantial permanent disfigurement, or cause prolonged loss or impairment of an organ or bodily function. For a Class 3 felony first-degree assault conviction that qualifies as a crime of violence, the mandatory prison range is 10 to 32 years. The applicable fine range is $3,000 to $750,000.

One important penalty distinction applies when a jury finds that the act occurred in a sudden heat of passion caused by a serious and highly provoking act by the alleged victim. When the statutory requirements are satisfied, first-degree assault is classified as a Class 5 felony instead of a Class 3 felony. This finding isn’t a complete defense to the allegation. It changes the felony classification and potential penalty.

Conduct Charged As Second-Degree Assault (CRS 18-3-203)

Second-degree assault is generally a Class 4 felony. It includes using a deadly weapon to intentionally cause bodily injury or recklessly cause serious bodily injury, along with certain conduct involving peace officers or other protected personnel. The precise subsection charged determines what intent, injury, and surrounding circumstances the prosecution must prove.

A Class 4 felony second-degree assault conviction that qualifies as a crime of violence carries a mandatory prison sentence of 5 to 16 years. If the statutory heat-of-passion requirements are met, the offense is classified as a Class 6 felony. The available evidence must support each element of the charged subsection and any sentencing allegation.

Conduct involving peace officers, firefighters, emergency medical personnel, judges, or corrections staff can affect the degree of the charge and potential sentencing. The person’s role, whether that person was performing official duties, the accused person’s alleged state of mind, and the type of force involved all matter under the applicable statute.

Domestic Violence Designations in Assault Cases

An assault allegation can receive this designation when it involves a current or former intimate partner. Under C.R.S. § 18-6-800.3, the designation includes an act or threatened act of violence against someone with whom the accused has or had an intimate relationship. It also covers conduct used as a method of coercion, control, punishment, intimidation, or revenge against that person.

C.R.S. § 18-6-803.6 requires an arrest when a peace officer has probable cause to believe a qualifying offense occurred. This requirement applies even if the alleged victim doesn’t want charges pursued. After the arrested person arrives at jail, the court must hold a bond-setting hearing within 48 hours, including weekends and holidays.

Conditions imposed at that hearing can immediately affect daily life. The court can prohibit contact with the protected person, require the accused to leave a shared residence, restrict access to places the protected person frequents, and order the surrender of weapons. These conditions remain court orders unless the court modifies or removes them.