Assault charges in Colorado are categorized into three degrees: first, second, and third, each reflecting varying degrees of severity and intent. Understanding these distinctions is crucial for grasping the potential legal consequences one might face if charged with assault under Colorado law. This article covers the specifics of each degree of assault, the elements that differentiate them, and the associated penalties as outlined in the Colorado Revised Statutes (C.R.S.).
The big factors to consider when differentiating the levels of assault are:
- Was a deadly weapon used?
- Is there serious bodily injury?
- What was the intent of the assault?
First-Degree Assault
First-degree assault is the most serious assault charge under Colorado law, defined under C.R.S. § 18-3-202. It involves intentionally causing serious bodily injury to another person using a deadly weapon. There are several ways a person can commit first-degree assault, including:
Intent to Cause Serious Bodily Injury: If a person, with the intent to cause serious bodily injury to another, causes such injury using a deadly weapon, it constitutes first-degree assault.
Extreme Indifference to Human Life: If a person acts in a way that shows extreme indifference to human life and knowingly engages in conduct that creates a grave risk of death, causing serious bodily injury to another.
Assault on a Peace Officer or Firefighter: If a person knowingly causes serious bodily injury to a peace officer or firefighter while they are performing their duties.
Assault with Intent to Permanently Disfigure: If a person, with the intent to disfigure another person seriously and permanently, causes such injury.
Penalties for First-Degree Assault: First-degree assault is classified as a Class 3 felony. Under Colorado’s sentencing guidelines, a typical Class 3 felony carries a potential prison sentence of 4 to 12 years, with mandatory parole for 5 years. However, if the crime is a “crime of violence,” the sentence range is increased to 10 to 32 years in prison (C.R.S. § 18-1.3-406).
Second-Degree Assault
Second-degree assault is a serious felony offense in Colorado, though less severe than first-degree assault, and is defined under C.R.S. § 18-3-203. A person with second degree assault under several circumstances. See below:
Intent to Cause Bodily Injury with a Deadly Weapon: If a person intends to cause bodily injury to another and causes such injury using a deadly weapon.
Recklessly Causing Serious Bodily Injury: If a person recklessly causes serious bodily injury to another using a deadly weapon.
Intentionally Causing Physical or Mental Impairment: If a person intentionally causes another to become physically or mentally impaired by administering a drug or substance without their consent.
Assault on a Peace Officer or Firefighter: If a person intentionally causes bodily injury to a peace officer or firefighter while they are performing their duties.
Chokeholds or Strangulation: If a person applies pressure to another’s throat or neck, intending to restrict their breathing or blood flow.
Penalties for Second-Degree Assault: Second-degree assault is typically classified as a Class 4 felony, which carries a potential prison sentence of 2 to 6 years and a mandatory parole period of 3 years. If the assault qualifies as a “crime of violence,” the prison sentence can range from 5 to 16 years (C.R.S. § 18-1.3-406).
Third-Degree Assault
Third-degree assault is the least severe level of assault under Colorado law, defined under C.R.S. § 18-3-204. This charge typically involves causing bodily injury to another person with criminal negligence or recklessly. It can also include causing bodily injury with intent (knowingly), but without the use of a deadly weapon. Third degree assault is a misdemeanor, while first and second-degree assaults are felony offenses.
Criminal Negligence: If a person causes bodily injury to another through criminal negligence, it constitutes third-degree assault.
Recklessness: If a person recklessly causes bodily injury to another, it can lead to a third-degree assault charge.
Penalties for Third-Degree Assault: Third-degree assault is classified as a Class 1 misdemeanor. The penalties for a Class 1 misdemeanor include a potential jail sentence of 6 to 18 months and/or a fine ranging from $500 to $5,000. Typically, the M1 sentencing maximum is 364 days in jail, but third degree assault in considered an extraordinary risk crime, and has elevated penalties. If the assault involves domestic violence (where the victim is a spouse or intimate partner), additional penalties and mandatory counseling may apply.
Crimes of Violence
Under Colorado law, certain assault charges are designated as “crimes of violence,” which enhances sentencing. Crimes of violence (COV) include those offenses where the perpetrator used, or threatened to use, a deadly weapon, or caused serious bodily injury. These crimes carry enhanced penalties due to their severity and the potential harm to victims. For example, first and second-degree assaults often fall under the COV category if they involve deadly weapons or result in serious injury.
Enhanced Penalties for Crimes of Violence
When an assault is classified as a crime of violence, the court is required to impose stricter sentences. For first-degree assault as a crime of violence, the mandatory prison term increases to 10 to 32 years. For second-degree assault classified as a crime of violence, the sentence ranges from 5 to 16 years (C.R.S. § 18-1.3-406). Additionally, individuals convicted of crimes of violence are not eligible for probation or early release through parole until they have served at least 75% of their sentence.
Conclusion
Understanding the different levels of assault charges under Colorado criminal law is important for anyone involved in assault cases. First-degree assault represents the most serious form, involving intent, deadly weapons, severe injury, and carries the harshest penalties. Second-degree assault covers various circumstances of bodily harm, such as choking, serious bodily injury, or use of a deadly weapon. One of the classic ways to distinguish first from second degree assault is first degree typically involves a weapon AND serious bodily injury. While second degree assault is typically a weapon is used OR serious bodily injury. This is an oversimplification but is a good guideline to quickly distinguish what level of assault would be charged. The lowest level of assault is third-degree. It involves bodily injury, but not serious bodily injury. Remember, the other two degrees are felonies and can be charged as a COV. Third degree assault is a misdemeanor 1, but even it is considered an extraordinary risk crime.
If you or a loved one has been charged with assault in Colorado, please give the McDowell Law Firm a call for a free initial consultation. 719-227-0022.