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. ​

Understanding Colorado’s Second‑Degree Assault (CRS 18‑3‑203)

In Colorado, second‑degree assault is a severe felony that encompasses a range of harmful behaviors:

• Causing injury with a deadly weapon (e.g., stabbing or shooting)
• Recklessly or intentionally inflicting serious bodily injury
• Using drugs to impair someone
• Strangulation or chokeholds
• 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

Collateral Consequences:

• Permanent felony record: impacts employment, housing, education
• Firearm ban: felons are barred under Colorado and federal law
• Domestic violence flag: if assault involved an intimate partner, mandatory counseling and added stigmas attach

You Will Need An Experienced Assault Defense Attorney

Are you facing Second Degree Assault charges in Boulder, Fort Collins, Longmont, Weld County, Adams County, Berthoud, Erie, Niwot, Firestone, Frederick, Lyons, Mead or Dacono? 

Choosing an experienced lawyer is the best decision you can make early on in your case. 

To schedule a free consultation, call Merson Law Office at (970) 219-2923 or fill out an intake form here.  

About the Author

James Merson

Attorney

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