Assault - Colorado

"The first one to the Police so often is the one they listen to - meaning you get charged.  If the DA won't listen then it is my job to get the jury to tell the Government they are wrong!"

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Felony Assault in Colorado carries, upon conviction, mandatory terms of imprisonment.  These are serious charges and they require serious representation.  You need an attorney with experience - experience that comes from handling thousands of criminal cases.  Not to mention that due to the mandatory sentencing provisions, it may be necessary for you to go to trial in order to avoid prison.  When you are in trial, you want an attorney who has been in the courtroom, tried cases, and who isn't afraid to fight for your freedom.

Experience matters.  If you are facing a serious charge like Assault, you need an attorney who will investigate the facts, research the law, and who will go to bat for you.


Colorado has two types of Felony Assault:  First and Second Degree.  As stated above, each carry mandatory terms of imprisonment if you are convicted.


First Degree Assault:  The most serious form of Assault in Colorado.  In Colorado, you can be charged with First Degree Assault if you do one of the following:

1. Intend to cause serious bodily injury to another person, and do actually cause serious bodily injury to anyone (even if not the intended person).
2. Intentionally seriously disfigure or disable another person.
3. With "Extreme Indifference to the value of human life," you knowingly do something which creates a grave risk of death, and in doing so, cause serious bodily injury to another.
4. With intent to cause serious bodily injury to police, a firefighter, a judge, or a prison worker; you threaten them with a deadly weapon.

JUST BECAUSE YOU WERE CHARGED DOES NOT MEAN IT IS TRUE!  You may have legal defenses such as self-defense, or legal defenses that reduce the severity of the charge.  And your defense is critical because First Degree Assault carries a mandatory sentence of:

AT LEAST 10 Years IN PRISON


Second Degree Assault:  Second Degree Assault, while not as serious as First Degree Assault, is still serious.  You can be charged with Second Degree Assault if you do one of the following:

1. "Intentionally" cause bodily injury to another by means of a deadly weapon.*
2. "Recklessly" cause serious bodily injury to another by means of a deadly weapon.*.
3. With intent so cause bodily injury, you cause serious bodily injury.*
4. Cause bodily injury to anyone while intentionally trying to prevent a police officer or firefighter from doing their duties.
5. "Knowingly" apply "physical, violent force" to a police officer, firefighter, prison guard, or a judge while they are in the performance of their duties.
6. Intentionally drug someone without their consent.

*These are Crimes of Violence.  JUST BECAUSE YOU WERE CHARGED DOES NOT MEAN IT IS TRUE!  You may have legal defenses such as self-defense, or legal defenses that reduce the severity of the charge.  And your defense is critical because Second Degree Assault that is a crime of violence carries a mandatory sentence of:This means that if you get convicted, the Judge has no choice but to sentence you to 5 years in prison.


Third Degree Assault:  This is the lowest grade of Assault, unless you are charged with a municipal offense.  Third Degree Assault is a Class 1 Misdemeanor. Third Degree Assault, however, is an "extraordinary risk crime,"  so the normal penalty for a Class 1 Misdemeanor is increased by six months, making the possible penalty 2 years in the county jail.

The good news is that if you are convicted the Judge does not have to put you in jail, but if they do, you can spend up to 2 years there.

Sentencing Table:

Assault First Degree	Mandatory Sentence	10 Years in Prison
Assault Second Degree	Mandatory Sentence if Crime of Violence	5 Years in Prison
Assault Third Degree	Extraordinary Risk Crime	Up to 2 years in Jail