Arrested or Charged with Assault in the Second Degree (C.R.S. § 18-3-203) in Colorado?

An assault charge changes everything.

Your freedom, reputation, career, and relationships all hang in the balance. And in Colorado, second degree assault is not minor charge—it’s a felony that carries serious consequences, including mandatory prison time in many cases.

If you’re facing second degree assault charges in Boulder or elsewhere in Colorado, knowing exactly what you’re up against is the first step toward mounting an effective defense.

What is Second Degree Assault in Colorado?

Under Colorado Revised Statute § 18-3-203, second degree assault occupies the middle ground in Colorado’s three-tiered assault classification system. While less severe than first degree assault, it’s still a felony offense that carries significant penalties.

The law identifies several specific actions that constitute second degree assault:

Causing Bodily Injury with a Deadly Weapon

If you intentionally cause bodily injury to another person using a deadly weapon, you can be charged with second degree assault under C.R.S. § 18-3-203(1)(b).

It’s important to note that Colorado law defines “deadly weapon” broadly—it can include obvious weapons like guns and knives, but also objects not designed as weapons that could cause death or serious injury (like a baseball bat or a car).

Assaulting Peace Officers, Firefighters, or Emergency Medical Providers

Colorado law creates enhanced penalties for assaults against certain protected professionals:

• Under subsection (1)(c), intentionally causing bodily injury to prevent a peace officer, firefighter, or emergency medical provider from performing their duties is second degree assault.
• Under subsection (1)(c.5), intentionally causing serious bodily injury to these protected professionals is also second degree assault, but with more severe penalties.

Recklessly Causing Serious Bodily Injury with a Deadly Weapon

You don’t have to intend to hurt someone to be charged with second degree assault. Under subsection (1)(d), if you recklessly cause serious bodily injury to another person with a deadly weapon, you’ve committed second degree assault.

“Recklessly” means you consciously disregarded a substantial and unjustifiable risk that your actions could cause serious injury.

Drugging Someone Without Consent

Under subsection (1)(e), if you intentionally drug someone without their consent, causing stupor, unconsciousness, or other physical or mental impairment, you’ve committed second degree assault. This section excludes legitimate medical or therapeutic treatments.

Assault While in Custody

If you’re in lawful custody (for example, in jail awaiting trial) and you knowingly and violently apply physical force against:

• A peace officer
• A firefighter
• An emergency medical provider
• A judge or court officer
• Someone employed by a detention facility

…you can be charged with second degree assault under subsection (1)(f).

Bodily Fluids Assault in a Detention Facility

Under subsection (1)(f.5), if you’re lawfully confined in a detention facility and intentionally cause an employee to come into contact with bodily fluids (like blood, urine, feces, or saliva), you can be charged with second degree assault.

Causing Serious Bodily Injury

Under subsection (1)(g), if you intend to cause bodily injury but end up causing serious bodily injury, you’ve committed second degree assault. This is a common charge when a fight results in injuries more severe than anticipated.

Bodily Fluids Assault Against First Responders

Similar to the detention facility provision, subsection (1)(h) makes it second degree assault to intentionally cause a peace officer, firefighter, or emergency medical provider to come into contact with bodily fluids.

Strangulation

Under subsection (1)(i), if you intentionally apply pressure to someone’s neck or block their breathing or blood circulation with the intent to cause bodily injury, and you do cause bodily injury, you’ve committed second degree assault.

Penalties for Second Degree Assault in Colorado

The penalties for second degree assault in Colorado are severe, varying based on specific circumstances and the subsection charged.

Standard Classification and Sentencing

In most cases, second degree assault is a Class 4 felony, punishable by:

• 2 to 6 years in prison (with mandatory parole of 3 years)
• Fines of $2,000 to $500,000

However, many second degree assault charges are designated as “crimes of violence” under Colorado law, which triggers sentencing under C.R.S. § 18-1.3-406. This means:

• The sentence could increase to 5 to 16 years
• The court must impose a prison sentence (rather than probation)

Heat of Passion Reduction

If the assault was committed in the “heat of passion” due to a serious and highly provoking act by the victim, the charge may be reduced to a Class 6 felony, which carries:

• 12 to 18 months in prison
• Fines of $1,000 to $100,000

However, as of 2020, Colorado law specifically excludes reactions based solely on a victim’s gender, gender identity, gender expression, or sexual orientation from qualifying for this reduction.

Enhanced Penalties

If the assault causes serious bodily injury to a non-participant during the commission of certain other felonies (like robbery, burglary, or kidnapping), it becomes a Class 3 felony under subsection (2)(b.5), punishable by:

• 4 to 12 years in prison
• Fines of $3,000 to $750,000

Key Legal Terms in Assault Cases

Several legal terms significantly impact how assault charges are handled:

Bodily Injury vs. Serious Bodily Injury

Colorado law distinguishes between “bodily injury” and “serious bodily injury“:

• Bodily injury means physical pain, illness, or any impairment of physical or mental condition.
• Serious bodily injury means injury that:
  • Creates a substantial risk of death
  • Causes serious permanent disfigurement
  • Causes protracted loss or impairment of any bodily member or organ
  • Causes breaks, fractures, or burns of the second or third degree

This distinction is crucial because the severity of the injury often determines the level of the assault charge.

Intent Requirements

Different subsections of the assault statute require different mental states:

• Some require “intent” (purposefully trying to cause an outcome)
• Others only require “recklessness” (consciously disregarding a substantial risk)
• Still others require “knowing” conduct (awareness that your actions will cause a certain result)

Your mental state at the time of the incident is a key factor in determining both the appropriate charge and potential defenses.

Possible Defense Strategies for Second Degree Assault Charges

Effective defenses to second degree assault charges depend on the specific circumstances of your case, but commonly include:

Self-Defense

Colorado law recognizes your right to defend yourself or others from imminent harm. For a successful self-defense claim, you generally must show:

• You reasonably believed you or someone else faced imminent danger
• You used a reasonable amount of force given the threat
• You were not the initial aggressor (with some exceptions)

Defense of Property

While Colorado law allows for defense of property, the force used must be reasonable. Deadly force is rarely justified solely to protect property.

Lack of Intent or Knowledge

For charges requiring intentional or knowing conduct, your attorney may argue that you lacked the required mental state. This might apply if:

• The incident was genuinely accidental
• You didn’t realize your actions would cause injury
• You were unaware of circumstances that made your conduct criminal (e.g., not knowing someone was a peace officer)

Challenging the “Deadly Weapon” Classification

Since many second degree assault charges involve deadly weapons, challenging whether the object used qualifies as a deadly weapon can be an effective strategy in some cases.

Challenging Injury Classification

The difference between “bodily injury” and “serious bodily injury” can significantly impact your case. Medical experts may help challenge the prosecution’s characterization of injuries.

Constitutional Violations

If your rights were violated during the investigation or arrest—such as through an illegal search or failure to read Miranda rights—certain evidence might be excluded.

What Happens After a Second Degree Assault Arrest?

The criminal justice process for assault charges typically follows these steps:

1. Arrest and Booking

After arrest, you’ll be taken to jail, fingerprinted, photographed, and processed. Depending on the circumstances, you may be held until a bond hearing or released with a summons to appear in court.

2. Advisement Hearing

At your first court appearance, the judge will:

• Inform you of the charges against you
• Advise you of your constitutional rights
• Address bail or bond issues
• Set dates for future proceedings

3. Preliminary Hearing

For felonies like second degree assault, you’re entitled to a preliminary hearing where the prosecution must demonstrate probable cause that you committed the crime. This is an important opportunity to challenge the evidence against you.

4. Arraignment

At the arraignment, you’ll formally enter a plea (guilty, not guilty, or no contest). In most cases, your attorney will advise pleading not guilty at this stage to preserve all your defense options.

5. Pre-Trial Proceedings

This period involves:

• Discovery (exchanging evidence)
• Filing and arguing motions
• Plea negotiations
• Investigation by both sides

6. Trial

If your case goes to trial, both sides will present evidence and arguments to a jury or judge, who will determine whether the prosecution has proven guilt beyond a reasonable doubt.

7. Sentencing

If convicted, the court will impose a sentence based on:

• The specific assault subsection
• Your criminal history
• Aggravating or mitigating factors
• Whether it’s classified as a crime of violence
• Pre-sentence investigation findings

How Evidence Impacts Second Degree Assault Cases

The type and quality of evidence can dramatically affect the outcome of your case:

Physical Evidence

• Medical records: Detail the nature and extent of injuries
• Weapons or objects: May be examined to determine if they qualify as “deadly weapons”
• Photographs: Document injuries, the scene, or property damage
• Surveillance footage: May capture the incident or events leading up to it
• Physical evidence: Such as clothing, DNA, or fingerprints

Testimonial Evidence

• Witness statements: May support or contradict the alleged victim’s account
• Expert testimony: Medical experts can testify about injuries; use-of-force experts may evaluate self-defense claims
• Character witnesses: May testify about your peaceful nature or lack of violent tendencies

Documentation

• Police reports: Contain officers’ observations and witness statements
• 911 calls: May capture statements made in the heat of the moment
• Prior interactions: Documents showing previous conflicts between parties
• Text messages or social media: May provide context for the incident

Contact Our Second Degree Assault Lawyers Today

If you’re facing second degree assault charges, consulting with an experienced criminal defense attorney is an important step in protecting your rights and building an effective defense strategy.

For information about Dawson Law’s approach to defending assault charges in Boulder and throughout Colorado, you can contact our office to schedule a confidential consultation.