Mile High Legal - white logo

Assault

C.R.S. § 18-3-202

As seasoned Denver Criminal Defense Attorneys, Mile High Legal provides experienced representation for clients facing assault charges. Assault is one of the most commonly charged violent crimes in Colorado, and the consequences can range from misdemeanor convictions to lengthy prison sentences. Understanding the distinctions between the different degrees of assault is critical for anyone navigating the legal system.

Tell Us About Your Case

Charged with Assault? Now what?

When you’re charged with a crime, a thousand questions and concerns run through your mind. Below is a list of of some of the most frequently considered questions and answers surrounding an assault charge.

What’s the difference between first, second, and third-degree assault?

The main differences are the seriousness of the injury, the involvement of a deadly weapon, and whether intent or recklessness was involved.
Yes. Charges may be dismissed if evidence is weak, police violated procedures, or the defense proves self-defense.
DV-tagged assault charges come with mandatory arrest, protective orders, and required treatment programs, often making cases harder to resolve favorably.
Some Colorado jurisdictions argue they can in strangulation cases, but an experienced defense attorney can challenge this interpretation.
Yes, felony and misdemeanor assault convictions are permanent in Colorado and cannot be sealed or expunged.

Colorado Statutory References (CRS Codes)

  • First-Degree Assault: C.R.S. § 18-3-202
  • Second-Degree Assault: C.R.S. § 18-3-203
  • Third-Degree Assault: C.R.S. § 18-3-204
  • Domestic Violence (tag enhancement): C.R.S. § 18-6-800.3

Legal Definitions of Assault in Colorado

First-Degree Assault (C.R.S. § 18-3-202)

A person commits first-degree assault if, with intent to cause serious bodily injury, they cause serious injury to another using a deadly weapon.

  • Serious bodily injury includes injuries that involve a substantial risk of death, permanent disfigurement, or protracted loss/impairment of a body part.
  • Example: Breaking someone’s jaw during a fight, stabbing someone with a knife, or causing permanent vision loss.

Second-Degree Assault (C.R.S. § 18-3-203)

  • Second-degree assault occurs when a person, with intent to cause bodily injury, uses a deadly weapon, or recklessly causes serious bodily injury. It can also apply to intentionally causing injury to certain protected classes such as peace officers, firefighters, or medical providers while on duty.
  • Example: Hitting someone with a baseball bat and causing significant but not permanent injuries, or intentionally injuring a police officer during an arrest.

Third-Degree Assault (C.R.S. § 18-3-204)

  • Third-degree assault is a misdemeanor. It occurs when a person knowingly or recklessly causes bodily injury to another person, or negligently causes injury with a deadly weapon.
  • Example: Punching someone in a bar fight, resulting in bruises or a sprain.

Domestic Violence Enhancements

In Colorado, domestic violence (DV) is not a separate crime but a tag added to the underlying offense if the alleged victim is an intimate partner (spouse, dating partner, co-parent, or former partner).

  • When assault is charged as domestic violence, mandatory DV conditions apply:
    • Immediate arrest (no citation release)
    • Mandatory protection order
    • DV treatment program upon conviction
    • Harsher plea negotiations and fewer diversion opportunities
  • Prosecutors often pursue DV assault charges more aggressively due to Colorado’s “no-drop” policy in many jurisdictions.

Strangulation and “Hands as a Deadly Weapon”

Many jurisdictions in Colorado treat strangulation cases as especially serious. Prosecutors may attempt to upcharge assault involving strangulation by arguing that hands or arms constitute a deadly weapon.

  • This tactic can elevate a charge from third-degree assault (misdemeanor) to second-degree assault (felony), dramatically increasing potential penalties.
  • This aggressive charging practice underscores the importance of having a skilled defense attorney to challenge the state’s evidence and legal theories.

Penalties for Assault in Colorado

  • First-Degree Assault (Class 3 Felony): 10–32 years in prison, fines up to $750,000
  • Second-Degree Assault (Class 4 Felony, or Class 3 if against a peace officer): 2–6 years in prison, fines up to $500,000 (10–32 years if classified as a “crime of violence”)
  • Third-Degree Assault (Class 1 Misdemeanor, extraordinary risk crime): Up to 18 months in jail, fines up to $1,000


Collateral consequences include loss of gun rights, immigration issues, difficulty obtaining employment, and restraining orders.

Strategies to Fight DUI & DWAI Charges

Every case is unique, but common defense strategies include:

  • Self-defense or defense of others
  • Lack of intent to cause injury
  • Challenging whether the injury meets the definition of “serious bodily injury”
  • Exposing inconsistencies in the alleged victim’s testimony
  • Arguing that the use of hands in a strangulation case does not constitute use of a deadly weapon
  • Attacking procedural errors or unlawful arrest/search
  • Negotiating for reduced charges, probation, or treatment programs instead of jail/prison

Attorney Case Results & Experience

Mile High Legal attorneys have successfully defended assault cases by:

  • Securing dismissals where police failed to prove “serious bodily injury.”
  • Winning not guilty verdicts where clients acted in lawful self-defense.
  • Preventing prosecutors from upcharging strangulation cases by challenging “hands as deadly weapon” arguments.
  • Negotiating reduced charges or probation instead of lengthy prison terms.

Choose an Experienced Colorado Assault Defense Attorney

Assault charges in Colorado can change the course of your life, but a strong defense can make the difference. At Mile High Legal, we have the experience to challenge the prosecution’s evidence, protect your rights, and fight for the best outcome possible.

Contact us today for a confidential consultation. Remember, in our legal system, you are innocent until proven guilty.