Colorado law recognizes several categories of assault, each carrying different penalties depending on the circumstances. Assault generally involves unlawfully causing bodily injury to another person.
The seriousness of the assault charge depends on the level of intent, the severity of the injury, and whether a weapon was involved.
The key categories include:
First-degree assault. This is a Class 3 felony in most cases, involving serious bodily injury with a deadly weapon or with extreme indifference to human life. Penalties include 10 to 32 years in prison.
Second-degree assault. Often charged when a person intentionally causes bodily injury with a weapon or to a peace officer or when there is serious bodily injury without a deadly weapon. This Class 4 felony can carry 5 to 16 years in prison if deemed a crime of violence.
Third-degree assault. A misdemeanor offense that applies when you knowingly or recklessly cause bodily injury. While less severe than felony assault, it still carries up to a year in jail and significant fines.
Vehicular assault. A felony charge that applies when someone causes serious bodily injury while driving recklessly or under the influence of alcohol or drugs.
While third-degree assault is a misdemeanor, most assault cases charged in Boulder County are felonies. That means they come with serious consequences and require an aggressive defense strategy.
Penalties and Consequences of an Assault Conviction
The consequences of an assault conviction extend far beyond the courtroom.
When it comes to felony assault in Colorado, the state imposes some of the harshest penalties, including:
Lengthy prison sentences. As outlined above, felony assault sentences can range from several years to decades, depending on the severity of the charge.
Mandatory sentencing enhancements. If an assault is classified as a violent crime, harsher minimum sentences are required, limiting a judge’s discretion.
Misdemeanor penalties. Even third-degree assault, a misdemeanor, can result in up to a year in jail and fines of up to $5,000.
Collateral consequences. Beyond years behind bars, a felony assault conviction can follow you every time you apply for a job, sign a lease, or try to regain your rights.
Because the penalties are so harsh, it’s essential to work with a Boulder assault lawyer who knows the law and the local court system inside and out.
What to Do If You Are Accused of Assault in Boulder
If you are accused of assault in Boulder, your actions in the hours and days following the charge can shape the outcome of your case.
Here are some vital steps to consider:
Exercise your right to remain silent. Anything you say to law enforcement can be used against you, so speak only with your attorney present.
Do not contact the alleged accuser. Any attempt to communicate can be misinterpreted and used against you in court.
Document the incident. Write down everything you remember, including the names of witnesses and details that could support your version of events.
Avoid discussing the case on social media. Posts or messages can quickly become evidence for the prosecution.
Following these steps helps protect your rights and gives your lawyer the tools to effectively challenge the state’s case.
Common Defenses to Assault Charges
Every assault case is unique, but several defenses may apply depending on the facts:
Self-defense. Colorado law allows you to use reasonable force if you believe you are in imminent danger of harm.
Defense of others. Similar to self-defense, this applies when protecting someone else from perceived harm.
Lack of intent. Prosecutors must prove intent in many assault cases; showing there was no intent to harm can weaken their case.
Consent or mutual combat. In certain situations, both parties may have agreed to engage in conduct that resulted in injury.
Insufficient evidence. The charges may be reduced or dismissed if the evidence does not meet the burden of proof beyond a reasonable doubt.
Constitutional violations. Evidence obtained through unlawful searches or interrogations may be inadmissible, weakening the prosecution’s case.
An experienced Boulder assault defense lawyerwill carefully analyze your case to determine which defenses best apply to your situation.
Why Choose Merson Law Office for Your Assault Defense
Not all law firms handle assault cases with the same dedication and intensity.
Here’s what sets us apart:
Over two decades of criminal defense experience across Boulder and the rest of Colorado;
Direct, honest communication from a straight-shooter who gives clients practical advice they can trust;
Balanced approach that combines empathy for what clients are going through with aggressive advocacy in the courtroom; and
Track record of meaningful results in serious felony cases, including dismissals and reduced charges.
This combination of compassion and toughness makes us the choice for clients who need an effective defense.
Whether your case involves a bar fight that escalated, allegations of assault with a weapon, or felony-level accusations, we develop a tailored strategy that challenges the prosecution at every turn. You won’t get false promises when you work with Merson Law Office, LLC. You’ll get a plan and a Boulder assault defense attorney who fights for you as if your future were his own.
What Is the Difference Between Felony and Misdemeanor Assault in Colorado?
Felony assault usually involves serious bodily injury or the use of a weapon, while misdemeanor assault applies to less severe injuries. Felony convictions carry years in prison, while misdemeanor convictions may result in imprisonment for up to a year.
Can Assault Charges Be Dropped in Boulder?
Yes, in some cases. Charges may be dismissed if evidence is insufficient, the alleged accuser’s testimony is unreliable, or strong defenses like self-defense apply.
How Long Does an Assault Case Take in Court?
The timeline varies depending on the complexity of the case and whether it goes to trial. Some cases resolve in a few months, while others may take more than a year.
What Should I Do If I Acted in Self-Defense?
Tell your attorney immediately. Self-defense is a valid legal defense in Colorado, but it must be carefully presented and supported with evidence to be effective in court.
Resources:
Colorado General Assembly. C.R.S. § 18-3-202. Assault in the first degree. link
Colorado General Assembly. C.R.S. § 18-3-203. Assault in the second degree. link
Colorado General Assembly. C.R.S. § 18-3-204. Assault in the third degree. link
Colorado General Assembly. C.R.S. § 18-3-205. Vehicular assault. link
Colorado General Assembly. C.R.S. § 18-1.3-406. Mandatory sentences for violent crimes. link
Colorado General Assembly. C.R.S. § 18-1.3-501. Misdemeanor sentencing. link
970-219-2923