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Colorado Assault Overview

Assault is one of the top three charges in terms of number of cases we see at Triple L Law.  In Colorado, a felony assault can result in a prison sentence. Triple L Law has years of experience to research your case, investigate all the facts and fight for you. Jake Lilly is the attorney for you, when a strong defense is needed to fight for your freedom and win a case.  

Assault is an “offensive touching” of another.  That just means touching someone without their consent.  The amount of damage done is what determines the level of offense. 

First Degree Assault (CRS 18-3-202) (Class 3 Felony – Crime of Violence)

First-degree assault is the most serious form of the charge in Colorado, and is defined to include: 

  • Intent to cause serious bodily injury and causing serious bodily injury;
  • Intentionally seriously disfiguring a person;
  • Threatening serious injury to a public servant, such as: police officer, a judge, a prison worker, or firefighter. This may also apply if a deadly weapon is used;
  • Showing an extreme indifference to the value of human life, acting in a way that may create a risk of death;
  • Causing serious bodily injury by use of a deadly weapon;
  • Intentionally choking or strangling someone while causing serious bodily injury.

Penalties may include: 

  • 10-32 years in Prison
  • A fine up to $750,000
  • 5 years of parole

Notice the key elements of First-Degree Assault are usually Serious Bodily Injury or Deadly Weapon.

First-Degree Assault carries Mandatory Prison Time.  This means if you are convicted of First-Degree Assault, the Judge is required to send you to prison, even if the Judge doesn’t want to.

Second Degree Assault (Class 4 Felony – Some Sections are a Crime of Violence)

Second-degree assault is lower than first degree but can still lead to substantial prison time.  Second-degree assault is defined as: 

  • Causing serious bodily injury with reckless intent of doing so.
  • With intent to cause bodily injury impedes breathing or circulation (choking).
  • Causing bodily injury to another person by being either “Reckless with” or “Intentionally using” a deadly weapon.
  • Causing injury by trying to prevent a firefighter or a police officer from fulfilling their duties.
  • Drugging someone without their consent.
  • Intentionally putting physical force to a public servant while they attempt to perform their duties.

Penalties may include: 

  • 5-16 years in Prison
  • A fine up to $500,000
  • Probation is an option for most sections

Third Degree Assault (Class 1 Misdemeanor)

In Colorado, Third-Degree assault is classified as a misdemeanor assault charge. Third-Degree assault is defined as:  

  • Recklessly or knowingly causing bodily injury to another person
  • Accidental or negligent use of a deadly weapon
  • Bodily Injury just means pain – No damage required!

Penalties may include: 

  • Up to 24 months in jail
  • A fine up to $5,000
  • Probation is an option depending on Criminal History

Harassment – Strike Shove Kick (HSSK) (Class 2 Misdemeanor)

Wait – that isn’t assault!  But it is!

Harassment Strike Shove Kick is really the lowest level of Assault in Colorado State Courts.  It means touching someone without causing pain of any kind.

Penalties include up to 18 months in jail and a fine.  Probation is almost always given.

Assault is a serious charge, and you need a serious defense.  Triple L Law attorneys have handled these types of cases for over 20 years.  Contact us today to lean how you can defend yourself against these life-changing allegations!

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