What Constitutes Assault in Colorado? CRS 18-3-202 to 18-3-209

Assault charges in Colorado are among the most serious offenses a person can face, often carrying significant jail or prison time and collateral consequences that can impact every aspect of your life. But what exactly constitutes assault under Colorado law? The answer is more complex than you might think.

Colorado’s assault statutes cover a broad range of conduct, from bar fights to domestic violence to road rage incidents. The severity of the charges depends on the specific circumstances of the alleged assault, the degree of injury caused, and the accused’s state of mind.

The Different Degrees of Assault Charges in Colorado

Colorado law breaks assault offenses into three different degrees, each with its own specific elements and potential penalties.

First Degree Assault – CRS 18-3-202

First degree assault is the most serious charge, classified as a Class 3 Felony. To convict someone of first degree assault, prosecutors must prove that the person:

• Acted with intent to cause serious bodily injury; and
• Actually caused serious bodily injury to another person
• By means of a deadly weapon or conduct creating a grave risk of death

“Serious bodily injury” is defined as injury creating a substantial risk of death, permanent disfigurement, or protracted loss/impairment of any body part or organ.
A conviction carries a mandatory prison sentence of 10 to 32 years.

Second Degree Assault – CRS 18-3-203

Second degree assault can be charged as either a Class 4 Felony or Class 6 Felony if it is committed upon a sudden hear of passion.

There are several ways a person can commit this offense:

• Intentionally causing bodily injury with a deadly weapon
• Recklessly causing serious bodily injury with a deadly weapon
• Causing bodily injury or attempting to cause bodily injury to a peace officer, firefighter, or EMS provider
• Intentionally drugging another person with a controlled substance without their consent

A Class 4 Felony carries 2-6 years in prison, while a Class 6 Felony has a 1-1.5 year range. But certain victims like police officers or elderly adults can increase the penalties.

Third Degree Assault – CRS 18-3-204

Third degree assault is generally charged as a Class 1 Misdemeanor in Colorado. It prohibits knowingly or recklessly causing bodily injury to another person.

Unlike the higher degrees of assault, it doesn’t require use of a weapon or resulting in serious bodily injury – any injury will suffice including pain.

A conviction can result in 6-24 months in county jail and fines reaching $5000.

Mandatory Domestic Violence Sentences

Many assault cases occur in the context of an intimate relationship. Colorado law requires courts to designate a crime as an act of domestic violence when the victim is a spouse, former spouse, co-parent or co-habitant.

This domestic violence label triggers additional sentencing requirements, including:

• Court-ordered domestic violence treatment
• Loss of firearm ownership and possession rights
• Enhanced potential penalties for any future domestic violence convictions

Having a skilled defense attorney is crucial in these cases to ensure a fair and just result, not one driven by often inaccurate assumptions about the dynamics in the relationship.

Potential Legal Defenses to Colorado Assault Charges

At Dawson Law Office, we take an aggressive approach to defending our clients against assault allegations. Every case is unique, but some common defense strategies include:

Self-Defense or Defense of Others

Colorado law allows a person to use physical force against another when they reasonably believe it’s immediately necessary to protect themselves or someone else from attack. If the force used was reasonable under the circumstances, it’s a complete defense to assault charges.

Mistaken Identification

Especially in chaotic situations like bar brawls, witnesses can easily be mistaken about who committed an assault. A diligent investigation into other potential suspects and analysis of any video footage is key.

False Allegations

Sadly, it’s not uncommon for people to falsely accuse others of assault out of jealousy, revenge or to gain an advantage in divorce or child custody matters. Exposing the accuser’s misleading statements and ulterior motives is critical to preserving an innocent person’s freedom.

Accident

The assault statutes require intentional or reckless action. If an injury was the result of pure accident, or even ordinary negligence, it’s not an assault. Shedding light on the unintentional nature of the conduct can defeat the charges.

Mental State

The “knowingly” or “recklessly” requirements are very fact-specific and often hinge on the accused’s intoxication at the time. A skilled attorney will know how to argue that the person was too intoxicated to form the culpable mental state for the degree of assault charged.

Of course, the right approach depends on the specific facts of the case. Our experienced lawyers know how to identify the factual and legal weaknesses in the prosecution’s allegations and exploit those to our clients’ advantage.

Speak to an Experienced Colorado Assault Defense Lawyer Today

Never underestimate the life-altering impact an assault conviction can have on your freedom, your job, and your future. Even a misdemeanor can carry jail time and a stigma that follows you for years to come.

If you or a loved one are facing assault charges in Colorado, the time to act is now. Contact the dedicated defense team at Dawson Law Office today for a personalized case evaluation. We’ll give you an honest assessment of your situation and options to protect your rights at every stage of the process.

Don’t let prosecutors and law enforcement control your fate. Call us today to put an advocate in your corner to fight for the best possible outcome in your assault case. Your future is too important to face these charges alone.