Home > Blog > Penalties for Second Degree Assault in Colorado
June 24, 2025
In Colorado, there are numerous ways a person can be accused of second degree assault.
To complicate things, there are potential enhancers that can also be charged in a case which can drastically change a defendant’s exposure.
If you are a loved one is facing felony assault charges in Boulder, you will want an experienced and zealous advocate in your corner.
Mr. Merson is an accomplished and seasoned Colorado criminal defense attorney that is committed to providing you with high quality legal representation on your assault charges.
If you are accused of felony assault charges, you probably have many questions about the different penalties that can be brought against you.
Set up a free consultation today to get some answers.
Key Points
Second-degree assault in Colorado is a serious criminal offense that involves intentionally causing bodily injury under specific circumstances outlined by law.
A second-degree assault charge is typically classified as a felony, meaning it can lead to significant penalties, including prison time, fines, and a lasting criminal record.
Penalties can vary depending on the details of the case, such as the severity of the injury and how the alleged assault occurred.
Assaulting first responders or peace officers, including even spitting or applying pressure to impede breathing
Colorado law also treats actions done in sudden heat of passion differently: if the assault happened immediately following a significant provocation, it may be reduced to a Class 6 felony
Classifying Felony Levels & Sentencing Ranges
Without heat of passion or related felony:
Standard “extraordinary risk” range: 2–8 years in prison
Fines between $2,000–$500,000, plus 3 years of parole
Crime of Violence (COV)
If the assault involved a deadly weapon, serious bodily injury, or targeted a first responder, it’s classified as a Crime of Violence:
Mandatory minimum 5 years (midpoint of 2–8 range)
Maximum doubled to 16 years
No probation or early release until 75% served
Mandatory sentencing COV
For intentional serious bodily injury to a non-defendant during another felony (e.g., burglary) or to a police officer, mandatory prison is imposed:
5–16 years for Class 4
If tied to another felony causing serious bodily harm to a non-party, it escalates to Class 3 felony: 4–16 years, fines up to $750,000, and 5-year parole
Reduced to Class 6 Felony
If heat of passion applies, sentencing becomes 18 months–2 years incarceration, $1,000–$100,000 fine, and 1 year parole
Enhancements & Habitual Offender Upgrades:
Crime of Violence designation triggers mandatory minimum and expanded maximum sentences
Assault on public servants (officers, EMTs, firefighters) often boosts the charge to Class 3, with increased terms and fines
Under the habitual offender law, repeat violent felonies (2+ priors) can triple the maximum sentencing range, potentially stacking up decades in prison
970-219-2923