Arrested or Charged with Assault in the First Degree (C.R.S. § 18-3-202) in Colorado?

It happens in an instant.

A heated argument escalates. A confrontation turns physical. A split-second decision changes everything.

Now you’re facing assault in the first degree charges in Colorado—one of the most serious violent crimes in the state’s criminal code. Suddenly, you’re looking at the possibility of mandatory prison time, felony conviction, and a future forever altered by one moment.

At Dawson Law in Boulder, we understand the gravity of your situation. We know you’re scared, confused, and looking for answers. This isn’t just about legal defense—it’s about protecting your freedom, your future, and everything you’ve worked for.

What is First Degree Assault in Colorado?

Under Colorado Revised Statute § 18-3-202, first degree assault is the most serious assault charge you can face. It’s classified as a Class 3 felony and designated as a “crime of violence” that carries mandatory prison time upon conviction.

The law defines several specific scenarios that qualify as first degree assault:

• Intent to cause serious bodily injury with a deadly weapon, actually causing serious bodily injury
• Intent to permanently disfigure or disable another person, actually causing such an injury
• Causing serious bodily injury while showing extreme indifference to human life
• Threatening a peace officer, firefighter, or emergency medical provider with a deadly weapon with intent to cause serious bodily injury
• Threatening a judge or court officer with a deadly weapon with intent to cause serious bodily injury
• While in custody, threatening someone employed by a detention facility with a deadly weapon
• Applying pressure to someone’s neck or blocking their breathing with intent to cause serious bodily injury, actually causing such injury

Each of these scenarios involves specific elements the prosecution must prove beyond a reasonable doubt. Understanding these elements is crucial to your defense.

What Makes First Degree Assault Different from Other Assault Charges?

Colorado has a three-tiered system for assault charges, with first degree being the most severe:

The key differences often come down to:

• The severity of injuries caused
• Your mental state during the incident
• Whether a weapon was involved
• The identity of the alleged victim

The “Heat of Passion” Distinction in Colorado Assault Cases

Colorado law recognizes that sometimes people act in the “heat of passion” rather than with calculated intent. Under C.R.S. § 18-3-202(2)(a), if you committed the assault:

• Upon a “sudden heat of passion”
• Caused by a serious and highly provoking act of the victim
• That would excite an irresistible passion in a reasonable person
• Without sufficient time between the provocation and the assault for reason to prevail

…then the charge may be reduced to a Class 5 felony, which carries significantly less prison time.

However, under a 2020 amendment to the law, this reduction doesn’t apply if your actions resulted “solely from the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation.”

Consequences of a First Degree Assault Conviction

When facing charges this serious, you need to understand exactly what’s at stake:

Criminal Penalties

• Mandatory prison sentence of 10-32 years under Colorado’s crime of violence sentencing enhancement
• Fines up to $750,000
• Mandatory parole period of 5 years after prison
• Potential for consecutive sentences if multiple victims are involved

Collateral Consequences

Beyond the immediate legal penalties, a first degree assault conviction impacts every aspect of your life:

• Permanent felony record, making employment difficult or impossible in many fields
• Loss of civil rights, including the right to own firearms, vote while incarcerated, and certain professional licenses
• Immigration consequences for non-citizens, including possible deportation
• Housing difficulties, as many landlords won’t rent to those with violent felony convictions
• Family impact, including potential challenges in custody matters

Proven Defense Strategies for First Degree Assault Charges

At Dawson Law, we approach each first degree assault case with a comprehensive strategy tailored to the specific circumstances. Some of the most effective defenses include:

1. Self-Defense or Defense of Others

Colorado law allows you to use physical force, including deadly force in certain situations, to protect yourself or others from imminent harm. We thoroughly investigate whether:

• You reasonably believed you or others were in danger
• The force you used was appropriate to the threat
• You weren’t the initial aggressor

2. Challenging the “Serious Bodily Injury” Element

For many first degree assault charges, the prosecution must prove that “serious bodily injury” occurred. This has a specific legal definition in Colorado—substantial risk of death, serious permanent disfigurement, or protracted loss of function. We can work with medical experts to challenge the prosecution’s claims about the severity of injuries.

3. Disputing Intent

First degree assault requires specific intent in most scenarios. Did you actually intend to cause serious bodily injury, or was this an accident or reckless act? Intent can be difficult for prosecutors to prove beyond a reasonable doubt.

4. Heat of Passion Defense

As mentioned earlier, if you acted in the heat of passion after serious provocation, we may be able to have your charges reduced to a Class 5 felony.

5. Challenging Identification Evidence

In some cases, particularly those involving group confrontations or limited visibility, there may be questions about whether you were correctly identified as the person who caused the injury.

How Evidence Collection and Witness Testimony Impact Assault Cases

In first degree assault cases, the specific evidence available can dramatically change the outcome. Understanding what evidence matters can help you make informed decisions about your defense.

Key evidence that can impact your case includes:

1. Video footage: Security cameras, bystander phone videos, or dashcams may capture crucial moments before, during, or after the incident
2. Witness statements: Independent third-party accounts often carry more weight than those from friends or family of either party
3. Medical evidence: Expert analysis of injuries can sometimes contradict claims about how they occurred or their severity
4. Timeline evidence: Establishing exactly when events occurred can support or undermine claims about who initiated a confrontation

Even in cases that initially appear challenging, a thorough investigation of all available evidence can reveal inconsistencies in the prosecution’s narrative or support legitimate defense claims like self-defense.

What to Do If You’re Facing First Degree Assault Charges

If you’ve been charged with first degree assault, certain steps can help protect your rights and improve your legal position:

1. Exercise your right to remain silent: Anything you say to police can be used against you, even statements you believe show your innocence
2. Document everything: Write down your recollection of events while your memory is fresh
3. Preserve evidence: Save any relevant text messages, emails, social media posts, or other communications
4. Identify potential witnesses: Make a list of anyone who saw the incident or has relevant information
5. Seek medical attention if needed: Your health comes first, and medical records may be important later
6. Consult with an attorney before discussing your case: Speaking with a qualified criminal defense attorney should be your priority before talking to anyone else about your case

Remember that consulting with an attorney doesn’t imply guilt—it’s a fundamental right designed to ensure fair treatment in our legal system.

Contact Dawson Law Today for a Confidential Consultation

If you or someone you care about is facing first degree assault charges in Boulder or anywhere in Colorado, don’t wait another day to get the legal representation you need. At Dawson Law, we offer:

• Confidential consultations to discuss your case
• Honest assessment of your situation and options
• Aggressive defense from an experienced team
• Compassionate support throughout the legal process

Remember: A charge is not a conviction. With the right defense strategy, even the most serious assault charges can often be reduced, dismissed, or successfully defended at trial.

Contact us online today to schedule your confidential consultation. Your future can’t wait – and neither should your defense.