In Colorado, assault is divided into three degrees based on the accused’s mental state, the severity of the injury, and whether a deadly weapon was involved. Third-degree assault is classified as a misdemeanor and covers knowing or reckless bodily injury. Second-degree assault is classified as a felony that often involves a deadly weapon, serious bodily injury, strangulation, or a protected victim such as a police officer.
First-degree assault is the most serious and involves intentionally causing serious bodily injury, often with a deadly weapon. Related charges such as menacing, harassment, and vehicular assault frequently appear alongside assault charges and can escalate a potential charge or result in additional penalties.
At The Leier Law Office LLC, in Fort Collins, Colorado, our attorney represents individuals facing assault charges. We understand how assault charges can arise from bar fights, family arguments, or split-second decisions to protect yourself, and we will explain how each degree works, what penalties may follow, and why early legal guidance matters. Contact us to schedule a free consultation.
Third-Degree Assault
Third-degree assault (C.R.S. § 18-3-204) is the most common assault offense in Colorado. A person commits this crime by knowingly or recklessly causing bodily injury to another. It also applies when someone negligently causes bodily injury with a deadly weapon, or intentionally causes a peace officer, firefighter, or emergency medical provider to come into contact with bodily fluids or hazardous material.
The term "bodily injury" is broad, but it includes physical pain, illness, or any impairment of physical or mental condition. A shove that causes pain can support a charge, even without a visible mark.
Third-degree assault is charged as a class one misdemeanor, which can result in a jail sentence of up to 364 days in the county jail and a fine of up to $1,000. A conviction can also result in probation, mandatory anger management classes, and a temporary bar on purchasing or possessing firearms.
Second-Degree Assault
Second-degree assault (C.R.S. § 18-3-203) is charged as a felony. Prosecutors may file this charge when they allege a person has committed one of more of the following:
Intentionally caused bodily injury with a deadly weapon.
Intended to cause serious bodily injury and did so.
Recklessly caused serious bodily injury with a deadly weapon.
Intentionally injured a peace officer, firefighter, or emergency medical provider to prevent them from performing their duties.
Strangled or suffocated another person by applying pressure to the neck or blocking the nose or mouth, causing bodily injury.
Second-degree assault is generally classified as a class four felony, which typically results in a mandatory prison sentence of two to six years. When charged as an extradinary risk crime, the range increases to 8 years. When charged as a crime of violence, the range can increase to 16 years.
First-Degree Assault
First-degree assault (C.R.S. § 18-3-202) is the most serious assault charge in Colorado. It typically involves allegations that a person committed one or more of the following:
Intentionally caused serious bodily injury with a deadly weapon.
Intentionally and seriously disfigured or disabled another person.
Showed extreme indifference to human life and knowingly created a grave risk of death, causing serious bodily injury.
Threatened a peace officer, firefighter, or emergency medical provider with a deadly weapon while that person was on duty.
First-degree assault is classified as a class three felony and a per se crime of violence, which typically carries a mandatory prison sentence of 10 to 32 years. A heat of passion finding may reduce the charge to a class five felony.
Related Charges That Often Accompany Assault Charges
Prosecutors can charge assault in isolation, but they often accompany it with related charges. Depending on the circumstances of your case, the prosecution may add or substitute related offenses, including:
Menacing (C.R.S. § 18-3-206): Knowingly placing someone in fear of imminent serious bodily injury through a threat or physical action. Menacing is a class one misdemeanor, but it can be charged as a class five felony if a deadly weapon is used or you claim to be armed.
Harassment (C.R.S. § 18-9-111): Striking, shoving, or kicking someone, or making certain threatening communications, with intent to harass, annoy, or alarm. Harassment is typically charged as a misdemeanor.
Vehicular Assault (C.R.S. § 18-3-205): Causing serious bodily injury while driving recklessly or under the influence. Vehicular assault is typically charged as a class five felony when based on reckless driving and a class four felony when based on DUI.
Domestic Violence Designation: Colorado does not treat domestic violence as a standalone crime. Instead, the courts will attach a domestic violence designation to an underlying offense, such as assault, when the parties share an intimate relationship. This can trigger mandatory treatment, protection orders, and firearm restrictions.
Contact Our Experienced Criminal Defense Attorney in Fort Collins, Colorado
Being charged with assault can affect your freedom, career, family relationships, and right to own firearms. The earlier you speak with a Colorado criminal defense attorney, the more options you may have to challenge the evidence, negotiate a reduced charge, or prepare for trial.
At The Leier Law Office LLC, our attorney, Kent Leier, represents clients facing misdemeanor and felony assault and related charges, and we work closely with each client to understand their side of the story and build a defense strategy tailored to the facts of their case.
Located in Fort Collins, Colorado, we serve clients throughout Loveland, Greeley, Evans, Windsor, and across Northern Colorado. If you or a loved one has been charged with assault or a related offense, contact us today to schedule a consultation.
