3rd Degree Assault in Colorado (CRS 18-3-204)

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3rd degree assault Colorado

When you or a loved one is facing a criminal charge, especially one involving potential jail time, the immediate flood of fear and confusion can be paralyzing. You are struggling to navigate a frightening and complex legal system while simultaneously dealing with the emotional aftermath of the incident. It is natural to feel overwhelmed and worry about your future, your job, and your reputation. We understand this deeply personal struggle. 

At Merson Law Office, LLC, our Boulder, Colorado assault defense lawyers meet your anxiety with assertive, experienced defense. Since our founding in 2019, we have operated on the principle that every case is defensible, and we are ready to leverage over 20 years of criminal defense experience to find the best escape hatch for you.

Call (970) 219-2923 or reach us online today for a free, confidential consultation.

What Is Considered 3rd Degree Assault in Colorado?

The complete legal language in Colorado’s Revised Statutes (CRS 18-3-204) is broad, covering both standard physical altercations and specific actions against protected workers:

  • Knowingly or recklessly causing bodily injury to another person or doing so with criminal negligence using a weapon; or
  • The person, intending to harass or annoy a peace officer, firefighter, or emergency medical provider, causes contact with bodily fluids or hazardous material.

Injury in these cases means causing physical pain, illness, or any impairment of physical or mental condition. 

What Happens When You’re Convicted of Third Degree Assault in Colorado?

A conviction carries severe penalties that can permanently affect your life, mainly because it is frequently subject to mandatory sentencing. Understanding the scope of your legal exposure is critical for anyone facing this assault charge.

3rd Degree Assault: Colorado Punishment Costs and Consequences

Third-degree assault is a Class 1 misdemeanor in Colorado, but aggravating factors can increase penalties. 

The standard penalties include:

  • Jail time—up to 364 days in the county jail;
  • Fines—up to $1,000; and
  • Probation—a period of supervised probation that can last up to two years.

Due to these serious stakes, securing an attorney with the trial experience to fight for reduced charges or a complete dismissal is your absolute priority.

What Else Can Contribute to 3rd Degree Assault Jail Time?

If the assault involves domestic violence (DV), a conviction leads to mandatory consequences like DV treatment classes and a protective order restricting contact with the alleged victim. Even a misdemeanor conviction can harm your license, affect child custody, and complicate future employment.

What Common Situations Do We See?

The broad applicability of this law means that a vast range of actions can result in a charge. 

Some of the more frequent 3rd degree assault examples we see include:

  • A bar fight with punches, causing bloody noses or bruises; 
  • A domestic dispute where a partner pushes their spouse, causing minor injuries; and 
  • Impulsive actions can unintentionally injure others, such as throwing objects in anger.

Remember, the prosecutor only needs to prove you acted recklessly or knowingly and that bodily injury happened, not intent to injure. This lower burden of proof makes an assertive defense essential.

How Do We Begin to Defend Your 3rd Degree Assault in Colorado?

Facing criminal charges affects your well-being. At Merson Law Office, LLC, we quickly analyze your case to find the best defense and help you regain control. 

We explore all defenses and challenge every part of the state’s case, including:

  • Proof of injury. We will examine if the victim’s pain or discomfort qualifies as bodily injury under Colorado law.
  • Self-defense/defense of others. We will gather information to see if you were defending yourself or someone else from the alleged victim’s pending unlawful physical force.
  • Consent. We’ll assess whether this constitutes mutual combat, such as friendly rough sports, to determine if the alleged victim gave their consent.
  • Mistaken identity or false accusations. We thoroughly investigate to uncover weaknesses in witness testimony or forensic evidence that could suggest a different outcome.

Your case is complex and requires detailed attention. With extensive experience in thousands of cases, hundreds of suppression and motions hearings, and nearly 100 jury trials, we can identify weaknesses that could lead to case dismissal or charge reduction.

Merson Law Office Is Committed to Your Defense

When you choose Merson Law Office, LLC, you are selecting a firm that has spent over two decades mastering the nuances of Colorado criminal defense. We focus on bringing our extensive background to the forefront of your case, which includes being named the 2010 Attorney of the Year award from the Colorado State Public Defender for outstanding service as a trial attorney. 

The deep experience we have from defending thousands of cases across the entire spectrum of criminal charges means we have likely encountered and successfully defended a scenario like yours before. We believe in being approachable and empathetic to your anxiety, but assertive and results-oriented when it comes to strategy and fighting for the outcome you deserve.

Your First Step Toward a Defense Is a Free Consultation

Contact us online or call (970) 219-2923 today for a free, confidential consultation. We’ll quickly assess your case and identify your best defense options. Don’t wait for the court system to decide your future; take charge now.

Our firm serves clients throughout Colorado, including Longmont, Boulder, Fort Collins, and more. 

Frequently Asked Questions

If the Police Arrest Me for a Third-Degree Assault in Colorado, Should I Talk to Them?

No. You should politely decline to answer any questions and immediately invoke your right to counsel. Anything you say, even if you are innocent, can be used against you later by the prosecution.

Is Third Degree Assault Always a Misdemeanor?

Generally, yes, it is classified as a Class 1 misdemeanor. However, if the victim is a pregnant woman, a peace officer, or another protected individual, the charge can be elevated to a felony.

What Is the Difference Between Assault and Battery in Colorado?

Colorado law only uses the term assault. Historically, battery referred to the illegal physical contact, and assault referred to the threat of such contact, but the state combines both into the assault statutes.

Can I Get a 3rd Degree Assault Charge Expunged?

Colorado law does not use the term expungement for adult convictions. Instead, it uses “sealing” of criminal records, which is often tricky for assault charges, but may be possible after a set period if you meet certain conditions.

About the Author

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James Merson

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