In Colorado, 20,782 assaults were recorded in 2023. They encompassed a broad range of crimes, from minor assaults to extremely violent offenses that could result in 32 years in prison and a substantial fine. If you are facing an assault charge, it’s vital to understand the different degrees, the penalties you could face, and how to make a robust defense.
In this post, we will explore how assault is categorized in Colorado. We’ll also look at how a Wolf Law criminal defense attorney may be able to navigate Colorado assault charges and fight aggressively to achieve the best outcome for your case.
Defining Assault in Colorado
Colorado assault laws cover a wide range of offenses. They include specific laws for vehicular assault, menacing, reckless endangerment, and other acts we would typically define as assaults.
Assault laws also cover domestic violence, which is defined in Colorado as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” This could include a current or former spouse or dating partner.
Colorado assault laws take into account factors such as:
- Intent
- Use of deadly weapons
- Risk of injury
- Who the victim was
Degrees of Assault and Their Penalties
There are three degrees of assault charges in Colorado. A conviction for any type of assault will go on your criminal record. It will impact your legal standing, potentially making it harder to gain employment and pursue educational opportunities.
With so much on the line, seeking qualified legal advice is crucial. An experienced Colorado defense attorney may be able to fight to get your charge reduced – or even dropped in some cases.
Third-Degree Assault
Third-degree assault is a class 1 misdemeanor in Colorado but still carries the risk of jail time. So, although it is the least serious of the three levels of assault, it will still appear on your criminal record and affect your future opportunities.
Scenario 1: Assault with a deadly weapon
Under Colorado law, third-degree assault involves knowingly, recklessly, or negligently causing bodily injury to another person with the use of a deadly weapon. The weapon can be anything from guns and knives to stones and household items.
Scenario 2: Assault against certain individuals
Third-degree assault can also involve harassing, annoying, threatening, or alarming someone a reasonable person should realize is a:
- Peace officer
- Firefighter
- Emergency medical provider
The assault must have occurred by causing the person to come into contact with a hazardous, toxic, or caustic substance, bodily fluids, or excreta by any means.
Penalties
Under Colorado law, you could face up to 18 months of jail time. In addition, or as an alternative to jail time, a judge may hand you a fine of up to $1,000.
Second-Degree Assault
A felony in Colorado, second-degree assault can involve causing bodily injury intentionally or recklessly. It usually involves the use of a deadly weapon.
Other scenarios qualifying as second-degree assault
If you administer a substance to someone without his or her consent with the intent to induce unconsciousness or stupor or cause impairment or injury, you could be guilty of a second-degree assault.
Also, impeding breathing or circulation by blocking someone’s nose or mouth, or applying pressure to his or her neck with intent, is also second-degree assault.
Second-degree assault also includes offenses surrounding preventing law enforcement or emergency services from carrying out their duties and assaults against such persons.
Penalties
As a felony, second-degree assault carries more severe penalties, including up to 16 years in jail and up to $500,000 in fines.
First-Degree Assault
Assault in the first degree is reserved for the most serious assaults.
First-degree assault includes intentionally causing severe bodily harm in various ways, including:
- Using a deadly weapon
- Intending to disfigure, maim, or permanently disable a bodily member or organ
- Showing “extreme indifference to the value of human life,” causing a grave risk of death to another person
It also includes provisions for assaults against law enforcement officers and other emergency service or medical personnel.
Categories of first-degree assault
A first-degree assault may be classified as a class 5 felony if it was performed “upon a sudden heat of passion.” However, if this does not apply, it would be a class 3 felony.
Penalties
A class 3 felony first-degree assault in Colorado could lead to 32 years in prison and a fine of up to $750,000. The minimum sentence would be 10 years.
A class 5 felony first-degree assault conviction can result in various amounts of prison time, depending on the circumstances. However, 1 to 3 years of jail time is a likely outcome.
How a Criminal Defense Attorney Could Help
Each case is unique, and if a criminal defense attorney takes on your case, he or she will begin by examining the facts.
Common lines of defense to reduce charges or get them dropped include the following circumstances:
- Self-defense: Colorado law allows you to use a reasonable degree of force in certain situations in self-defense. An experienced attorney may be able to prove that your actions met these criteria.
- Heat of passion: At times, strong feelings or emotions can cause people to use physical force in an uncontrolled way. Colorado law acknowledges this in certain specific circumstances. This line of defense acknowledges that an assault took place, so it is unlikely to lead to the charge being dropped. However, a lawyer could use it to try to reduce your charge.
- Other lines of defense: Your lawyer may also argue that you caused the bodily injury accidentally, did not intend to cause serious bodily injury, or were the victim of mistaken identity.
Do not assume you cannot get your charge reduced or dropped. Always seek legal help from a criminal law firm to understand your rights and options.
Charged With Assault? Talk to Wolf Law Today
As we’ve seen, in Colorado, an assault conviction can be life-changing. With even misdemeanor assault charges potentially resulting in jail time, it’s crucial to work with an experienced Colorado criminal defense attorney. He or she can investigate your case and defend your legal rights aggressively in court.
The criminal defense attorneys at Wolf Law understand that each case is unique. We also know clients need to feel heard and be kept in the loop every step of the way.
We pride ourselves on compassionate representation, clear communication, and top-caliber representation in the courtroom. Schedule a free initial consultation with us by calling (720) 479-8574 or filling out our contact form, and we will get back to you very soon.
