Second degree assault (C.R.S. § 18-3-203) covers a range of scenarios involving injury with a weapon, intent to cause bodily injury with a deadly weapon, or certain other aggravating circumstances, and it’s generally a class 4 felony. In most circumstances it’s also designated a crime of violence, which makes prison time mandatory and raises the actual sentencing range to 5 to 16 years, well above the standard 2-to-6-year class 4 felony range, plus fines from $2,000 to $500,000. If the assault happened in a sudden heat of passion after serious provocation, it can instead be charged as a class 6 felony, a considerably lighter range of roughly 1 to 1.5 years.
Why the heat-of-passion distinction matters
Whether a case gets charged as a class 4 or class 6 felony often comes down to the specific circumstances leading up to the incident, provocation, whether the response was genuinely sudden rather than planned, which is exactly the kind of factual dispute a defense attorney can push on early in a case.
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.
