Colorado Divides Assault Into Three Degrees
Colorado law separates assault into three distinct degrees, each carrying its own elements and penalty range. Under C.R.S. Section 18-3-202, first-degree assault covers intentionally causing serious bodily injury with a deadly weapon, and it is charged as a felony with the most severe sentencing exposure of the three. Second-degree assault, covered under a separate provision, addresses intentionally causing bodily injury without necessarily using a deadly weapon, while third-degree assault generally involves negligently causing injury and is typically charged as a misdemeanor.
The distinction between these degrees often turns on details that are not obvious at the scene, including exactly what object was involved, how severe the resulting injury actually was, and what the accused person’s intent appeared to be at the time. A shoving match that leaves only minor bruising is treated very differently under Colorado law than an altercation involving a weapon and a serious injury, even when both incidents start from the same underlying dispute.
Why the Charge Level Matters So Much
A Colorado Springs assault defense lawyer treats the degree of the charge as one of the first issues to examine, because the practical consequences vary enormously between a felony conviction and a misdemeanor one. A first-degree assault conviction can carry a lengthy prison sentence and a permanent felony record affecting employment, housing, and firearm rights for years afterward, while a third-degree misdemeanor conviction, though still serious, typically carries a far shorter jail exposure and fewer lasting consequences.
Prosecutors sometimes file the highest degree the facts could arguably support, which makes an early, thorough review of the police report and any available evidence particularly important before a case moves too far along. A case that starts out charged at the felony level does not always stay there, and a well-documented defense can persuade a district attorney to reconsider the initial charging decision before it reaches a preliminary hearing.
What Determines Which Degree Is Filed
Several specific facts tend to drive whether a case is charged as first, second, or third-degree assault, including:
- Whether a weapon, and specifically a deadly weapon, was used or displayed
- The severity of the resulting injury, from minor bruising to permanent disfigurement
- Whether the injury was caused intentionally, knowingly, or merely negligently
- The identity of the alleged victim, since assaults on certain officials carry enhanced penalties
- Any prior record involving similar offenses
A defense built around these specific factors can sometimes result in a reduced charge even before trial.
Common Defenses to an Assault Charge
Depending on the facts, several defenses can apply to an assault charge, including self-defense, defense of another person, lack of intent, or disputing that the alleged injury actually meets the statutory threshold for the degree charged. Surveillance footage, medical records, and witness statements often play a central role in supporting these defenses, particularly when the accused person’s account of events differs from the initial police report.
Mutual combat, where both parties willingly engaged in a physical altercation, can also affect how a case is charged and negotiated, though Colorado courts apply this concept narrowly and it rarely eliminates a charge entirely on its own.
Working With Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer
Every assault case turns on specific facts that a generic approach can miss. Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer reviews the police report, any available video, and witness accounts early, looking for the details that can shift a case from a felony charge toward a reduced misdemeanor or a stronger negotiating position.
What to Do if You Are Facing a Charge
Assault charges move quickly through the Colorado Springs court system, and decisions made in the first days after an arrest can shape the rest of the case. If you are facing a charge at any degree, a Colorado Springs assault defense lawyer can review the specific allegations against you.
Our office can outline what a strong defense could look like before your next court date.
