Arrested or Charged with Assault in the Third Degree (C.R.S. 18-3-204) in Colorado?

Being charged with third degree assault in Colorado might seem less serious than other assault charges, but make no mistake—even as a misdemeanor, it carries significant consequences that can impact your life for years to come.

If you’re facing third degree assault charges in Boulder or elsewhere in Colorado, knowing what you’re up against is essential to building an effective defense.

What is Third Degree Assault in Colorado?

Under Colorado Revised Statute § 18-3-204, third degree assault is the least severe category in Colorado’s three-tiered assault classification system. While first and second degree assault are felonies, third degree assault is classified as a Class 1 misdemeanor.

However, don’t let the “misdemeanor” classification fool you—a conviction still carries serious penalties and can create lasting problems with employment, housing, and professional licensing.

The law defines two specific scenarios that constitute third degree assault:

1. Causing Bodily Injury (C.R.S. § 18-3-204(1)(a))

You can be charged with third degree assault if you:

• Knowingly or recklessly cause bodily injury to another person, OR
• With criminal negligence cause bodily injury to another person by means of a deadly weapon

This means you don’t necessarily have to intend to hurt someone to be charged with third degree assault. Acting recklessly (consciously disregarding a substantial risk) or with criminal negligence (failing to perceive a substantial risk that a reasonable person would) can be enough.

2. Bodily Fluid Assault Against First Responders (C.R.S. § 18-3-204(1)(b))

The second type of third degree assault involves causing a peace officer, firefighter, or emergency medical provider to come into contact with bodily fluids or hazardous materials.

To be charged under this subsection, you must:

• Act with intent to harass, annoy, threaten, or alarm
• Target someone you know or should know is a peace officer, firefighter, or emergency medical provider
• Cause them to contact blood, bodily fluids, or hazardous materials

This provision specifically targets behavior like spitting on officers or throwing bodily fluids at emergency responders.

How Third Degree Assault Differs from Other Assault Charges

Colorado’s three-tiered assault system distinguishes offenses based on:

• The severity of injuries
• The offender’s mental state
• Whether weapons were involved
• The identity of the victim

Here’s how third degree assault compares to more serious assault charges:

Understanding these distinctions is crucial because prosecutors sometimes overcharge cases, and an effective defense strategy might involve arguing for a reduction to a lesser charge.

Important Legal Terms in Third Degree Assault Cases

To understand your charges fully, you need to be familiar with some key legal terms:

Bodily Injury

Colorado law defines “bodily injury” as:

• Physical pain
• Illness
• Any impairment of physical or mental condition

This is a much lower threshold than “serious bodily injury” required for higher assault charges. Even minor injuries like bruises, scratches, or pain without visible marks can qualify as bodily injury.

Mental States

Different mental states can support a third degree assault charge:

• Knowingly: You were aware your conduct would cause bodily injury
• Recklessly: You consciously disregarded a substantial risk that your actions would cause injury
• Criminal negligence: You failed to perceive a substantial risk that a reasonable person would have recognized

The prosecution must prove the appropriate mental state beyond a reasonable doubt, which creates important defense opportunities.

Deadly Weapon

For charges involving criminal negligence, the prosecution must prove you caused injury “by means of a deadly weapon.” Under Colorado law, deadly weapons include:

• Firearms
• Knives and similar instruments
• Bludgeons like bats or clubs
• Any other object that, in the manner used, could cause death or serious injury

Even ordinary objects like cars, tools, or household items can be considered deadly weapons depending on how they’re used.

Penalties for Third Degree Assault in Colorado

As a Class 1 misdemeanor, third degree assault carries significant penalties:

• Up to 364 days in county jail
• Fines up to $1,000
• Probation for up to 2 years
• Possible domestic violence treatment (if designated as a domestic violence offense)
• Restitution to the victim
• Community service

Third degree assault is also designated as an “extraordinary risk” crime, which can enhance the potential jail sentence.

Domestic Violence Enhancement

If your third degree assault charge is designated as domestic violence:

• You’ll lose your right to possess firearms under federal law
• You’ll face mandatory domestic violence evaluation and treatment
• You’ll have a domestic violence conviction on your record
• Multiple domestic violence convictions can lead to felony charges in the future

Professional and Personal Consequences

Beyond legal penalties, a third degree assault conviction can:

• Make finding employment difficult, especially in healthcare, education, or security
• Affect professional licenses in fields like nursing, teaching, or law
• Create immigration problems for non-citizens
• Impact housing applications
• Damage your reputation in the community

Common Situations That Lead to Third Degree Assault Charges

Third degree assault charges can arise from many everyday situations:

Bar Fights and Altercations

Even minor physical confrontations can lead to assault charges. Something as simple as pushing someone during an argument could result in charges if the person falls and suffers any injury.

Domestic Disputes

Arguments between partners, spouses, or family members that turn physical often lead to third degree assault charges with domestic violence enhancements.

Sports Incidents

Physical contact that exceeds the normal boundaries of a sport—like punching an opponent in a recreational league—can result in assault charges.

Road Rage Incidents

Confrontations that escalate from traffic disputes sometimes lead to assault charges, even if injuries are minor.

Workplace Conflicts

Physical altercations in work environments, even if brief or relatively minor, can result in criminal charges.

Defense Strategies for Third Degree Assault Charges

Effective defense strategies for third degree assault charges include:

Self-Defense

Colorado law recognizes your right to defend yourself from imminent harm. To claim self-defense, you generally must show:

• You reasonably believed you faced an imminent threat
• You used a reasonable amount of force in response
• You weren’t the initial aggressor (with some exceptions)

Defense of Others

Similar to self-defense, you can legally use reasonable force to protect others from imminent harm.

Lack of Required Mental State

If you didn’t act knowingly, recklessly, or with criminal negligence, you haven’t committed third degree assault. This defense challenges a core element the prosecution must prove.

Challenging the “Bodily Injury” Element

If the alleged victim didn’t actually suffer bodily injury as defined by law, an essential element of the offense is missing.

Accident or Lack of Causation

If the injury occurred by genuine accident without the required mental state, or if your actions weren’t what actually caused the injury, these can be valid defenses.

Violation of Constitutional Rights

If police violated your rights during the investigation or arrest—through illegal searches, failure to read Miranda rights, or other misconduct—certain evidence might be excluded.

The Legal Process for Third Degree Assault Cases in Colorado

If you’re charged with third degree assault, you’ll typically go through these stages:

1. Arrest and Booking

After arrest, you’ll be processed at the jail and either held for 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
• Advise you of your rights
• Address bail or bond issues
• Issue protection orders if applicable
• Schedule future court dates

3. Pre-Trial Conferences

These hearings allow for:

• Exchange of evidence (discovery)
• Discussion of potential plea agreements
• Resolution of pre-trial motions

4. Motions Hearings

If there are disputed legal issues—like the admissibility of certain evidence or statements—these may be addressed in dedicated hearings.

5. Trial

If your case doesn’t resolve through dismissal or plea agreement, you’ll have a trial where:

• You can choose a jury trial or a bench trial (judge only)
• The prosecution must prove every element beyond a reasonable doubt
• You can present evidence and witnesses in your defense
• A unanimous verdict is required for conviction

6. Sentencing

If convicted, the court will determine an appropriate sentence based on:

• The specific circumstances of the offense
• Your criminal history
• Input from the victim
• Recommendations from probation

How Evidence Affects Third Degree Assault Cases

The type and quality of evidence can significantly impact your case:

Prosecution Evidence

Prosecutors typically rely on:

• Victim testimony
• Witness statements
• Photos of injuries
• Medical records
• Police officer testimony
• 911 calls
• Video footage (if available)

Defense Evidence

Effective defense may include:

• Inconsistencies in witness statements
• Evidence supporting self-defense
• Medical records challenging injury claims
• Character witnesses
• Video evidence showing a different version of events
• Expert testimony about injuries or other technical matters

How Dawson Law Defends Third Degree Assault Cases

At Dawson Law, we take a comprehensive approach to defending third degree assault cases:

• Detailed case analysis: We carefully review all evidence, including police reports, medical records, and witness statements
• Independent investigation: When beneficial, we conduct our own investigation to uncover evidence the police may have missed
• Strategic defense planning: We develop customized defense strategies based on the specific facts of your case
• Negotiation: In appropriate cases, we work to negotiate reduced charges or favorable plea agreements
• Trial preparation: If your case goes to trial, we build a compelling defense designed to create reasonable doubt

Our attorneys have extensive experience with assault cases in Boulder County courts and understand how to effectively navigate the local legal system.

Contact Dawson Law for Help With Third Degree Assault Charges

If you’re facing third degree assault charges in Boulder or elsewhere in Colorado, having experienced legal representation can make a critical difference in the outcome of your case.

At Dawson Law, we understand the stress and uncertainty you’re experiencing. Our criminal defense attorneys will work to protect your rights, freedom, and future while guiding you through every step of the legal process.

Contact our office today or through our online form to schedule a confidential consultation about your case.