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. The distinction matters because each degree carries a different sentencing range, and both are classified as crimes of violence, which means mandatory prison time a judge can’t suspend.

First-Degree Assault (CRS 18-3-202)

First-degree assault is a Class 3 felony. It applies when a person intentionally causes serious bodily injury using a deadly weapon, intentionally causes permanent disfigurement or a disabling injury, acts with extreme indifference to human life in a way that creates a grave risk of death and results in serious bodily injury, or threatens a peace officer or correctional employee with a deadly weapon while that person is performing official duties.

Under Colorado law, serious bodily injury means injury involving a substantial risk of death, permanent disfigurement, or protracted loss or impairment of any body part or organ. The statutory mandatory sentencing range for a first-degree assault crime-of-violence conviction is 10 to 32 years in prison, with fines ranging from $3,000 to $750,000.

One important penalty distinction: if a jury finds the act occurred upon a sudden heat of passion caused by a serious and highly provoking act of the victim, the charge is reduced from a Class 3 to a Class 5 felony. Heat of passion isn’t a complete defense. It reduces the penalty range, not the conviction itself.

Second-Degree Assault (CRS 18-3-203)

Second-degree assault is a Class 4 felony. It applies when a person intentionally causes bodily injury with a deadly weapon, recklessly causes serious bodily injury with a deadly weapon, intentionally causes bodily injury while preventing a peace officer from performing duties, or knowingly applies physical force to a peace officer in the performance of their duties. In most circumstances, it is also classified as a crime of violence, carrying a mandatory sentence of 5 to 16 years. Heat-of-passion circumstances reduce this to a Class 6 felony with a range of 1 to 1.5 years.

Assault directed at peace officers, firefighters, emergency medical personnel, judges, or corrections staff can independently elevate the degree of the charge and the applicable sentencing range, regardless of the other facts involved.