The Different Degrees Of Assault In Colorado: What You Need To Know

Assault charges in Colorado vary significantly, from misdemeanours to serious felonies, with penalties influenced by factors like the extent of the injuries, the intent behind the act, and the use of a weapon. Gaining a clear understanding of the different degrees of assault is essential for protecting your rights and navigating potential legal consequences.

In this article, we’ll break down key concepts like:

The distinctions between first-, second-, and third-degree assault.
How strangulation fits into Colorado’s assault laws.
Common defenses that can be used to challenge assault charges.

What’s The Difference Between First-Degree, Second-Degree, And Third-Degree Assault In Colorado?

Assault charges in Colorado are classified into three degrees, with distinctions based on the severity of injuries, the intent behind the act, whether weapons were involved, and whether the offense is categorized as a felony or misdemeanour. Below is a clear breakdown of each degree of assault:

First-Degree Assault

First-degree assault is the most severe form of assault under Colorado law. It often involves intentionally causing serious bodily injury to another person using a deadly weapon. However, this isn’t the only scenario that qualifies.

Colorado law specifies multiple circumstances that can constitute first-degree assault, each with distinct elements. While the overarching charge remains the same, the unique details of how the assault was committed can significantly impact the case.

Second-Degree Assault

Second-degree assault is also a felony in Colorado and encompasses a wide range of actions. One of the more common scenarios is intentionally causing bodily injury to someone while using a deadly weapon. Here, “bodily injury” can be as minor as causing pain—it does not necessarily require visible wounds or severe trauma, which surprises many people.

That said, several other actions also fall under second-degree assault, including:

Harming A Peace Officer: Intentionally causing bodily injury—or serious bodily injury—to a peace officer. (If convicted of causing serious bodily injury to a peace officer, a mandatory prison sentence often applies.)
Reckless Conduct: Causing serious bodily injury to anyone through reckless behaviour, even if no weapon is involved.
Drugging Someone: Administering an intoxicating substance to someone without their knowledge or consent is another form of second-degree assault. Notably, this charge does not require the victim to suffer any physical injury.
Custody-Related Assaults: Assaulting a judge, peace officer, or certain other individuals while in custody. This includes physical acts that might otherwise be considered third-degree assault but are elevated due to the circumstances. For instance, if a person in jail assaults a peace officer, the charge can escalate to second-degree assault.

Finally, second-degree assault charges involving serious bodily injury are distinguished by the accused’s mental state at the time of the offense. Intentionally causing serious bodily injury carries different sentencing guidelines than recklessly causing the same harm. The mental state behind the act is, therefore, a critical factor in determining both the charge and the potential consequences.

Third-Degree Assault

Although less severe than first- or second-degree assault, third-degree assault still carries significant legal consequences. This charge generally applies to cases where bodily injury is caused knowingly or recklessly, without the aggravating factors associated with higher degrees of assault.

Strangulation

A newer and increasingly common form of second-degree assault is strangulation. For many years, cases involving strangulation were often charged as misdemeanour third-degree assaults. However, they are now prosecuted as second-degree assaults.

This can include actions as simple as placing hands around someone’s neck to restrict their airway or blood flow, even briefly. Other examples include covering the mouth, using a pillow over the face, or other methods that restrict breathing or circulation.

Many people are surprised to learn that even a short physical altercation that doesn’t fit the traditional image of “strangulation” can still result in a strangulation charge under second-degree assault laws. These charges demonstrate how nuanced assault cases can be, with a variety of circumstances influencing how the offense is categorized.

Common Examples Of Assault Scenarios

Assault charges can vary greatly based on the severity of injuries and the circumstances surrounding the incident. For example, if someone punches another person in the face during a fight, resulting in a fractured nose, this injury often qualifies as serious bodily injury, elevating the charge to second-degree assault. Similarly, broken bones or other substantial harm could also meet the criteria for second-degree assault.

In contrast, third-degree assault typically involves knowingly or recklessly causing less severe bodily injury. Examples of “simple bodily injury” might include a black eye, a bruise, or pain from being struck. Statements such as, “It hurt when they hit my arm,” or visible signs like swelling or discoloration, could meet the threshold for third-degree assault.

The key distinction lies in the classification and penalties. Third-degree assault is a class 1 misdemeanor, making it less severe than first- or second-degree assault, which are felonies with significantly harsher consequences.

How Is Serious Bodily Injury Defined In Colorado Assault Cases?

In Colorado, serious bodily injury (SBI) is a critical factor in many assault cases, as it often elevates the severity of charges. The legal definition of SBI includes:

A substantial risk of death.
A substantial risk of serious permanent disfigurement.
A substantial risk of protracted loss or impairment of the function of any organ or part of the body.
Penetrating injuries, such as a knife or gunshot wound.
Fractures or breaks of hard tissue, including bones, teeth, or cartilage.
Second- or third-degree burns.

If a medical professional identifies any of these conditions, it generally qualifies as a finding of serious bodily injury under Colorado law.

Examples Of First-Degree Assault Involving SBI

One common type of first-degree assault involves intentionally causing serious bodily injury using a deadly weapon. For instance:

Using A Deadly Weapon

If someone points a gun at another person and shoots them—intending to injure but not kill—or uses a knife to stab someone, resulting in a serious bodily injury, this would likely constitute first-degree assault.

Intent To Permanently Harm

First-degree assault also includes situations where someone acts with the intent to seriously and permanently disfigure another person or to destroy, amputate, or permanently disable an organ or body part, and they succeed in causing such harm.

Extreme Indifference To Human Life

Under certain circumstances, assault can be elevated to first-degree if the offender knowingly engages in behavior that demonstrates extreme indifference to human life and creates a significant risk of death. For example, driving while intoxicated and causing an accident that results in serious bodily injury may be prosecuted under this subsection.

Strangulation & SBI

Strangulation can also lead to first-degree assault charges if it results in serious bodily injury. While strangulation itself is often categorized under second-degree assault, the presence of SBI—such as loss of consciousness, significant injury to the airway, or long-term harm—can escalate the charge.

Additional subsections address cases involving peace officers, paramedics, and other protected individuals. These provisions are less common but still play a significant role in Colorado’s assault statutes, particularly in situations involving public servants injured in the line of duty.

Attorneys Christina Zorrilla and Jim Zorrilla are experienced lawyers based in Colorado who have helped countless clients navigate the complexities of criminal defense law, including assault charges. With a deep understanding of Colorado’s legal system and a commitment to achieving the best possible outcomes, they are prepared to help you protect your rights and move forward with confidence.

Still have questions? Ready to get started? Contact The Zorrilla Law Firm today to schedule an initial consultation.

How Does Intent Play A Role In Determining The Degree Of Assault?

Intent is imperative in determining the degree of assault. For example, the distinction between first-degree assault and third-degree assault often hinges on intent. Some assaults require the intent to cause serious bodily injury, while others require only the intent to cause injury.

What’s more, each degree of assault has its own specific mental state or intent requirement, which is key to distinguishing between the charges. If, through negotiation or trial, it can be shown that the mental state was lesser—such as recklessness or negligence rather than intent to cause harm—the outcome may be more favourable. Crafting an argument around the mental state of the accused is often critical to achieving the best possible resolution in an assault case.

What Are The Legal Consequences For Each Degree Of Assault In Colorado?

The penalties for assault in Colorado vary based on the degree of the offense, with first-degree assault carrying the most severe consequences and third-degree assault being the least severe.

First-degree assault results in mandatory prison time, with no option for probation or treatment. Sentences range from 10 to 32 years in prison, followed by five years of parole. This is the most serious assault charge and comes with the harshest penalties.
Second-degree assault penalties depend on the specific type of assault, as there are several categories. Some forms of second-degree assault are probation-eligible, while others require mandatory prison time. Prison sentences can range from two to 16 years, depending on the circumstances. In some cases, individuals may qualify for placement in a halfway house, known as community corrections in Colorado, or for probation and treatment instead of incarceration.
Third-degree assault, classified as a class 1 misdemeanour, is the least severe. Potential penalties include zero days to one year in jail. In some cases, the court may impose probation combined with up to 60 additional days in jail. This degree of assault often involves a mix of treatment and minor punitive measures.

Can A Charge Be Reduced From Different Degrees Of Assault?

Yes, assault charges can sometimes be reduced to a lesser degree through various approaches. One common method is through negotiation with the prosecutor. This process avoids the need for a jury trial and can result in a plea agreement for a reduced charge.

In cases that proceed to trial, the defense can submit lesser-included offenses for the jury to consider. For example, if someone is charged with first-degree assault, the jury might be asked to determine whether the evidence supports a lesser charge, such as second- or third-degree assault. While this doesn’t change the degree of assault initially charged, it can result in a conviction for a less serious offense, potentially altering its classification and penalties.

Another potential strategy involves the heat of passion defense. This applies when the act causing injury occurs under sudden and extreme provocation. For the defense to succeed, the provocation must be severe enough to provoke an “irresistible passion” in a reasonable person, leaving no time for reason or self-control to prevail. Under this defense:

A first-degree assault charge can be reduced from a class 3 felony to a class 5 felony.
A second-degree assault charge can be reduced from a class 4 felony to a class 6 felony.

This approach acknowledges that the offense was committed in a moment of extreme emotion rather than as a premeditated act, resulting in less severe penalties.

In some cases, especially those involving second-degree assault strangulation, the defense might argue that the actions in question—such as hands around the neck—do not meet the legal definition of strangulation and instead align more closely with third-degree assault. This argument can lead to the charge being reclassified from a felony to a misdemeanour.

Ultimately, reductions in assault charges can be pursued either through negotiations with the prosecutor or by presenting lesser offenses to a jury at trial. Each case requires careful evaluation to determine the best strategy for achieving a more favourable outcome.

How Do You Defend Against Assault Charges In Colorado?

Several defenses can be used to challenge assault charges in Colorado, depending on the circumstances of the case. The most common and often effective defenses include the following:

Self-Defense
One of the strongest defenses to assault charges is self-defense. Colorado law firmly protects the right of individuals to defend themselves against both lethal and non-lethal force. When self-defense is raised, the prosecution must disprove it beyond a reasonable doubt, significantly increasing their burden of proof. This defense is particularly effective when the facts support the claim.

Defense Of Others
Similar to self-defense, a person may be justified in using force to protect others, whether they are loved ones, bystanders, or strangers. When this defense is asserted, it shifts an additional burden onto the prosecution to disprove the defense beyond a reasonable doubt.

Voluntary Intoxication
Voluntary intoxication can be a defense to specific intent crimes, such as first-degree assault. If a defendant was so intoxicated that they could not form the required mental state for the crime, this defense might apply. While not always successful, it can be a viable strategy in cases involving extreme intoxication.

Defense Of Property
Under Colorado law, individuals can use reasonable force to protect their property, as long as it does not involve deadly force. This defense allows for actions necessary to safeguard property but is limited to what is deemed reasonable under the circumstances.

Challenging Mental State
Another common defense involves attacking the prosecution’s claim that the defendant acted with the required mental state. For many assault charges, the prosecution must prove that the defendant acted “knowingly” or “with intent” to cause harm. If it can be shown that the defendant lacked this intent or mental state, the charges may be reduced or dismissed.

How Do Plea Deals Work For Assault Charges Of Different Degrees?

If you’re facing assault charges, you might wonder how plea deals work and what to expect. It’s important to know that plea negotiations are highly specific to each case. While the degree of assault—whether first, second, or third—can influence the potential penalties, the process of negotiating a plea deal is largely determined by the unique facts of your situation.

A skilled attorney who understands the tendencies of the prosecutor and the judge handling your case can make a significant difference in securing a favourable plea deal. Their experience and familiarity with the local court system can shape how they approach negotiations and advocate on your behalf.

One critical factor in assault cases is patience. Negotiations can take time, and rushing to resolve your case may not be in your best interest. In many instances, time can work to your advantage. Victims or alleged victims may lose interest in pursuing the case, or other circumstances may arise that strengthen your position. This is especially true in assault cases, where taking the time to thoroughly investigate the alleged offense and the background of those involved can uncover valuable information that could help your case.

It’s natural to want to resolve your situation quickly, but in most cases, waiting and allowing the legal process to play out leads to better outcomes. With patience and an experienced attorney guiding you, you’ll be in the strongest position to negotiate a fair and favourable resolution.

Still Have Questions? Ready To Get Started?

For more information on The Different Degrees Of Assault In Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (562) 715-3786 today.