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What are the Types of Assault Charges in Colorado?

On behalf of Dolan + Zimmerman LLP October 2, 2021

 

All types of criminal charges are serious, but assault charges can be particularly worrisome, particularly in terms of collateral consequences. In Colorado, there are several different types of assault charges. It’s important to know what you can be charged with, what the penalties are, and what you and an experienced criminal defense lawyer can to do defend you from these charges.

First-Degree Assault 

In Colorado, first-degree assault is charged when one of several sets of alleged circumstances exists. First degree assault occurs when, with intent to cause serious bodily injury to another person, a person causes serious bodily injury to any person by means of a deadly weapon; or when, with intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, a person causes such an injury to any person; or when, under circumstances manifesting extreme indifference to the value of human life, a person knowingly engages in conduct which creates a grave risk of death to another person, and thereby causes serious bodily injury to any person; or when, with intent to cause serious bodily injury upon the person of a peace officer, firefighter, or emergency medical service provider, a person threatens with a deadly weapon a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, and the offender knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider acting in the performance of his or her duties; or when, with intent to cause serious bodily injury upon the person of a judge of a court of competent jurisdiction or an officer of said court, he threatens with a deadly weapon a judge of a court of competent jurisdiction or an officer of said court, and the offender knows or reasonably should know that the victim is a judge of a court of competent jurisdiction or an officer of said court; or when, while lawfully confined or in custody, and with intent to cause serious bodily injury to a person employed by or under contract with a detention facility, or to a person employed by the division in the department of human services, he or she threatens with a deadly weapon such a person engaged in the performance of his or her duties and the offender knows or reasonably should know that the victim is such a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services; or when, with the intent to cause serious bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes serious bodily injury. C.R.S. § 18-3-202.

First-degree assault charges are the most serious assault charges in Colorado and are classified as class 3 felonies.

Second-Degree Assault

Second-degree assault occurs when, with intent to cause bodily injury to another person, a person causes such injury to any person by means of a deadly weapon; or when,with intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or when, with intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, a person intentionally causes serious bodily injury to any person; or when a person recklessly causes serious bodily injury to another person by means of a deadly weapon; or when a person, for a purpose other than lawful medical or therapeutic treatment,  intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or when, while lawfully confined or in custody, a person knowingly and violently applies physical force against the person of a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or, while lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child, he or she knowingly and violently applies physical force against a person engaged in the performance of his or her duties while employed by or under contract with a detention facility, or while employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. C.R.S. § 18-3-203.

Second-degree assault charges are classified as class 3 or 4 felonies, depending on the circumstances.

Third-Degree Assault 

In Colorado, third-degree assault occurs when a person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or when a person, with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material. C.R.S. § 18-3-204.

Third-degree assault is classified as a class 1 misdemeanor.

Legal Defenses

While it’s ultimately up to your criminal defense lawyer to develop a legal strategy to defend you, it can be still be helpful for you to be familiar with some defenses to assault charges. One possible defense is self defense and/or defense of others. In Colorado, a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.  C.R.S. § 18-1-704.

Contact a Lawyer For Assistance

If you or a loved one has been charged with any type of assault, it’s not something to be taken lightly. Contact an experienced criminal defense attorney in Boulder right away for help.