The state of Colorado separates assault defenses into three degrees, with varying levels of punishments for each crime. First and second degree assault are considered aggravated assault, meaning that the accused intended or caused serious bodily injury, used a deadly weapon, or injured a peace officer (or other protected class of person) in the line of duty.
For more information on assault with a deadly weapon, see Assault With a Deadly Weapon in Colorado.
There are three degrees of assault in Colorado, but only first degree and second degree assault are serious enough to be considered aggravated assault. Both crimes are felonies, whereas third degree assault is a misdemeanor.
A person commits assault in the first degree if:
(Colo. Rev. Stat. § 18-3-202.)
A person commits assault in the second degree if:
(Colo. Rev. Stat. § 18-3-203.)
Note that sexual assaults, domestic assaults, and other act-specific assault are separate offenses with different penalties. See Colorado Sexual Battery Laws and Colorado Domestic Violence Laws for more information on these types of assault.
Serious bodily injury means bodily injury that, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree. A judge or jury must often determine whether an alleged victim has suffered serious bodily injury based on the facts of a case. For example, in one case, stabbing a victim would result in serious physical injury. However, in another case, shooting a victim would not result in physical injury because the victim did not require surgery and did not suffer long-term effects from the shooting.
(Colo. Rev. Stat. § 18-1-901.)
Bodily injury is less significant than "serious bodily injury," required for first degree assault. Bodily injury means physical pain, illness, or any impairment of physical or mental condition. A judge or jury must often determine whether an alleged victim has suffered bodily injury based on the facts of a case. For example, testimony that a victim received a kick to the groin in one case and that a victim had a foot stomped on in another sufficed to prove physical injury in both cases.
(Colo. Rev. Stat. § 18-1-901.)
Charge |
Classification |
Penalty |
Assault, First Degree |
Felony, Class 3 (or Class 5, if assault is committed in the "heat of passion") |
Class 3: Incarceration of six to 24 years, with fines of $3,000 to $750,000 Class 5: Incarceration of two to six years with fines of $1,000 to $100,000 |
Assault, Second Degree |
Felony, Class 4 (or Class 6, if assault is committed in the "heat of passion") |
Class 4: Incarceration of four to 12 years, with fines of $2,000 to $500,000 Class 6: Incarceration of 15 months to three years, with fines of $1,000 to $100,000 |
(Colo. Rev. Stat. § § 18-3-202, 18-3-203, 18-1.3-401, 18-1.3-406.)
Any plea option offered by prosecutors will hinge on case-specific considerations; therefore, having legal representation involved from the outset of an arrest on assault charges in Colorado is essential. Plea options will revolve around the reduction of an assault charge to a lesser degree or some form of favorable sentencing arrangement upon conviction.
For more information and insight into Colorado assault laws, including information on negotiating a favorable plea agreement, consult with a Colorado criminal defense lawyer to learn more about your legal rights and options.
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