Assault Attorney in Denver

Colorado Assault Charges: Degrees, Definitions, & Penalties

Colorado law defines three degrees of assault under C.R.S. 18-3-202 through 18-3-204. The degree of the charge depends on the level of intent, the severity of the alleged harm, and the identity of the alleged victim. Each carries a significantly different penalty range.

First-Degree Assault (C.R.S. 18-3-202)

First-degree assault involves intentionally causing serious bodily injury with a deadly weapon, or acting with extreme indifference to human life in a way that creates a grave risk of death. It’s classified as a Class 3 felony and a crime of violence. That designation removes much of a judge’s sentencing discretion and triggers mandatory sentencing in the range of 10 to 32 years. First-degree assault convictions cannot be expunged in Colorado.

Second-Degree Assault (C.R.S. 18-3-203)

Second-degree assault covers intentionally causing bodily injury with a deadly weapon, recklessly causing serious bodily injury, or using force against law enforcement or emergency personnel. It’s typically a Class 4 felony and also classified as a crime of violence, with mandatory sentencing in the range of 5 to 16 years. Contact with a protected class of victim, such as a police officer or first responder, can elevate charges or trigger additional mandatory minimums.

Third-Degree Assault (C.R.S. 18-3-204)

Third-degree assault is knowingly or recklessly causing bodily injury. It’s a Class 1 misdemeanor of extraordinary risk, carrying up to 18 months in jail. It’s the most commonly charged degree and can arise from fights, bar incidents, domestic disputes, or situations where the accused believed they were acting in self-defense.

Related Charges That Often Accompany Assault in Denver

Assault charges don’t always appear alone. Several related offenses frequently arise from the same incident and can compound the consequences significantly.

• Domestic Violence Assault: Assault within a qualifying domestic relationship is typically charged as third-degree assault unless aggravating factors, such as a deadly weapon or a pregnant victim, are present. A domestic violence designation adds mandatory consequences, including protection orders.
• Menacing (C.R.S. 18-3-206): Colorado uses menacing to describe placing another person in fear of imminent serious bodily injury without necessarily making physical contact. It’s a Class 1 misdemeanor, or a Class 5 felony when a deadly weapon is involved.
• Vehicular Assault: When a vehicle is used as a weapon or a person is seriously injured by a reckless driver, a vehicular assault charge may be added to the case.

An assault conviction at any degree can affect employment, housing applications, and professional licensing. Understanding the full range of charges you may be facing is essential before any defense strategy can take shape.