Colorado grades assault in degrees based on severity. First degree assault (C.R.S. § 18-3-202), the most serious, generally involves intentionally causing serious bodily injury with a deadly weapon, and it’s a class 3 felony carrying 10 to 32 years in prison and fines from $3,000 to $75,000. Second degree assault (C.R.S. § 18-3-203) covers a range of scenarios involving injury with lesser intent or circumstances, typically a class 4 felony (5 to 16 years, $2,000 to $500,000), though it can be a lower class 6 felony in certain heat-of-passion situations. Third degree assault (C.R.S. § 18-3-204), causing bodily injury without those aggravating factors, is a class 1 misdemeanor.
What this hub will cover
Upcoming pages here will dig into the specific differences between assault degrees, how menacing differs from assault, and what a realistic defense looks like when a weapon was allegedly involved.
What to do next
If you’re facing this in Colorado, call Mile High Legal at (720) 853-5779 for a free consultation. The earlier a defense attorney gets involved, the more options are usually still on the table.
Quick Answers
What is felony menacing in Colorado?
Under C.R.S. § 18-3-206, menacing is knowingly placing or attempting to place someone in fear of imminent serious bodily injury, by threat or physical action. It’s ordinarily a class 3 misdemeanor, but it becomes felony menacing, a class 5 felony carrying 1 to 3 years in prison and fines of $1,000 to $100,000, when committed with a deadly weapon, an object fashioned to make someone reasonably believe it’s a deadly weapon, or by verbally claiming to be armed with one, even if no weapon is actually present. Without any of that, menacing stays a misdemeanor.
Is menacing a felony in Colorado?
It depends on whether a deadly weapon was involved. Menacing without a weapon is generally charged as a misdemeanor in Colorado. Menacing with a real or represented deadly weapon, meaning even a fake gun used to threaten someone can qualify, is generally charged as felony menacing, a more serious charge with real prison exposure.
What is a class 1 misdemeanor in Colorado?
A class 1 misdemeanor is Colorado’s most serious misdemeanor tier, carrying up to 364 days in jail and a fine up to $1,000. It sits above a class 2 misdemeanor, which carries up to 120 days and a fine up to $750, and covers offenses like third degree assault and a first violation of a criminal protection order.
How to get assault charges dropped in Colorado
As with any Colorado criminal charge, the decision to dismiss belongs to the district attorney’s office, not the alleged victim, even if that person no longer wants to pursue it. Realistic paths to a dismissal or reduction usually involve challenging weak or inconsistent evidence, questioning whether the injury actually meets the statutory definition for the degree charged, or negotiating a plea to a lesser charge before trial.
