A heated argument turns physical. Someone ends up in the hospital, and suddenly, you’re facing an assault charge. In Colorado, what you’re accused of matters just as much as what happened.
Understanding the different degrees of assault in Colorado can determine whether the offense is classified as a misdemeanor or a felony, affecting potential outcomes such as probation or prison sentences.
Below, our Boulder assault crime lawyer details how the law classifies assault to help you make sense of what comes next and why your defense strategy matters.
For immediate assistance, please don’t hesitate to call (970) 219-2923 or send us an online message today. We offer free consultations.
Under Colorado assault laws, assault means causing or attempting to cause bodily injury to another person, either intentionally, recklessly, or through criminal negligence involving a deadly weapon. The state recognizes several degrees of assault, ranging from serious felonies to lower-level misdemeanors.
Many people charged with assault never intended to cause harm, but the law looks at intent, injury, and context differently. The more serious the intent and harm, the higher the degree and the harsher the penalty.
First-degree assault is one of Colorado’s most serious violent crimes. It involves intentionally causing serious bodily injury using a deadly weapon or causing permanent disfigurement. Common felony assault examples include stabbing someone during a fight or inflicting life-threatening injuries on another person.
This offense is a Class 3 felony, punishable by 10 to 32 years in prison and fines up to $750,000. When a deadly weapon is used, mandatory sentencing rules often apply.
The difference between first and second degree assault often comes down to the extent of injury and the level of intent. First-degree assault involves causing life-threatening harm, while second-degree assault refers to cases where the injury is serious but not life-threatening.
Second-degree assault generally involves intentionally or recklessly causing bodily harm, often directed at a law enforcement officer or another protected individual. Examples include hitting someone with an object during a bar fight or causing injury while resisting arrest.
It’s usually a Class 4 felony, carrying 2 to 6 years in prison and fines up to $500,000. However, the use of a deadly weapon can increase the penalties dramatically.
Third-degree assault, while the least severe, is still a criminal offense with lasting consequences. It occurs when a person knowingly, recklessly, or negligently causes bodily injury to another person, often without serious or lasting harm.
Typical misdemeanor assault examples include a shove, slap, or punch that causes pain but no serious injury. Third-degree assault is a Class 1 misdemeanor, punishable by up to 364 days in jail and fines up to $1,000. Even though it’s a misdemeanor, a conviction can affect your record, employment, and future.
Regardless of the charge, the stakes are high and the law moves fast.
Even a misdemeanor assault conviction can alter your life, especially when it’s misinterpreted or exaggerated by the prosecution. A felony conviction carries long prison sentences, loss of rights, and permanent stigma.
When facing assault charges in Colorado, it’s vital to have a defense that examines:
Each detail matters. A well-crafted defense can reduce a felony to a misdemeanor or lead to a full dismissal.
With over two decades of experience, Merson Law Office, LLC, has seen it all regarding criminal defense in Colorado. From Longmont to Boulder and Fort Collins, we’ve defended clients in everything from bar fights to complex felony assault cases before Colorado juries.
We’re known for our honest communication, strategic thinking, and strong courtroom results, including acquittals, dismissals, and reduced charges. When everything feels uncertain, we provide the focus and guidance to move forward confidently.
If you’ve been accused of assault, don’t wait to “see what happens.” The longer you wait, the harder it becomes to challenge the evidence. Schedule a free consultation and work toward the best possible outcome with a team understanding what’s at stake.
Contact us online or call (970) 219-2923 today to get started.
The difference between first and second degree assault lies mainly in the level of intent and injury. First-degree involves deliberate, severe harm, often with a weapon. Second-degree usually covers reckless or knowing injury that’s less serious but still substantial.
No. Third-degree assault is a Class 1 misdemeanor, but it’s still a serious offense that can result in jail time and a permanent criminal record.
Depending on evidence, witness credibility, and legal arguments, a defense lawyer may negotiate a reduction or identify self-defense, lack of intent, or other factors that justify dismissal.
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