Colorado Springs Assault Lawyer
ARRESTED FOR ASSAULT IN EL PASO COUNTY?
On This Page
- Charged With Assault in Colorado Springs?
- The Three Degrees of Assault in Colorado
- Third-Degree Assault
- Second-Degree Assault
- First-Degree Assault
- Related Charges
- How an Assault Case Moves Through Court
- How Assault Charges Are Defended
- Consequences Beyond the Sentence
- Working With a Colorado Springs Assault Lawyer
- Frequently Asked Questions
- Sources
Charged With Assault in Colorado Springs?
An assault charge can come from a bar fight, a family argument, a youth sports dispute, or a split-second decision to protect yourself. The charge may be a misdemeanor or a serious felony, and the difference often depends on details that are still in dispute: how badly someone was hurt, whether a weapon was involved, and who started it.
Colorado does not use the word "battery" in its criminal code. Conduct that other states call battery, such as hitting or injuring someone, is charged as assault in Colorado. The statutes divide assault into three degrees, and each one carries very different penalties.
This page explains each degree of assault, the sentences that apply, the related charges prosecutors often add, and how assault cases are defended in El Paso County and the surrounding counties.
What to Do After an Assault Arrest
- Follow the protection order. Do not contact the alleged victim or witnesses, directly or through others.
- Do not explain your side to police without a lawyer. Statements meant to show self-defense are often used to prove the assault.
- Preserve evidence. Save texts, photos of your own injuries, and the names of anyone who saw what happened.
- Identify video quickly. Businesses and doorbell cameras often record over footage within days.
- Get medical care for your own injuries and keep the records. They can support a self-defense claim.
The Three Degrees of Assault in Colorado
The table below summarizes the classifications. The details in the sections that follow matter, because the same incident can be charged at more than one level.
| Charge | Typical conduct | Classification |
|---|---|---|
| Third-degree assault (18-3-204) | Causing bodily injury knowingly or recklessly | Class 1 misdemeanor |
| Second-degree assault (18-3-203) | Injury with a deadly weapon, strangulation, injuring an officer on duty | Class 4 felony; class 6 felony if heat of passion |
| First-degree assault (18-3-202) | Serious bodily injury with a deadly weapon, intentional disfigurement | Class 3 felony; class 5 felony if heat of passion |
Two terms run through all three degrees. "Bodily injury" means physical pain, illness, or any impairment of physical or mental condition. "Serious bodily injury" is much more severe, involving a substantial risk of death, serious permanent disfigurement, or certain broken bones and burns. The line between the two often decides whether a case is a misdemeanor or a felony.
Third-Degree Assault
Third-degree assault is the most common assault charge in Colorado. Under C.R.S. 18-3-204, a person commits it by knowingly or recklessly causing bodily injury to another person, or by causing bodily injury with a deadly weapon through criminal negligence. It also covers certain acts against peace officers and other first responders, such as intentionally causing contact with bodily fluids.
Third-degree assault is a class 1 misdemeanor. For offenses committed on or after March 1, 2022, it carries up to 364 days in jail and a fine of up to $1,000. Older information online often lists 18 months and $5,000, but that higher range applied only to offenses committed before that date.
Because it requires only bodily injury, which can mean physical pain without any visible mark, third-degree assault is charged in a wide range of situations. When the people involved are in an intimate relationship, it also carries the domestic violence designation; see our domestic violence page.
Assault on Peace Officers and First Responders
Colorado treats assaults on peace officers, firefighters, and emergency medical providers more harshly. Causing bodily injury to keep one of them from performing a lawful duty is second-degree assault, a felony, even if the same injury to anyone else would be a misdemeanor. Intentionally causing contact with blood, saliva, or other bodily fluids on these workers is charged as third-degree assault. These cases often arise during arrests, in jail, or in hospital emergency rooms, where tensions run high and accounts conflict.
Possible Outcomes in a Third-Degree Assault Case
Many third-degree assault cases resolve without jail, especially for people with no record. Common outcomes include dismissal, a deferred judgment, a plea to a lesser charge such as harassment, or probation with anger management or other classes. Restitution for medical bills or property damage is often part of any resolution. The result depends on the injuries, the evidence, and your history, so no two cases resolve exactly alike.
Fights Involving Teenagers
School fights and teenage altercations can lead to assault charges filed in juvenile court. Juvenile cases have different procedures and goals, and many can be resolved through diversion or a deferred adjudication that protects the young person's record. See our juvenile defense page.
Second-Degree Assault
Second-degree assault under C.R.S. 18-3-203 covers several different kinds of conduct. The most common include:
- Causing bodily injury with a deadly weapon, with intent to cause injury
- Recklessly causing serious bodily injury with a deadly weapon
- Intentionally causing bodily injury to prevent a peace officer, firefighter, or emergency medical provider from performing a lawful duty
- Strangulation: applying pressure to the neck, or blocking the nose or mouth, so that it impedes breathing or circulation and causes bodily injury
- Drugging someone without consent for a purpose other than lawful medical treatment
Second-degree assault is a class 4 felony, which carries a presumptive range of 2 to 6 years in prison. If the act happened in a sudden heat of passion caused by a serious and highly provoking act of the alleged victim, it is reduced to a class 6 felony, with a range of 1 year to 18 months.
When Second-Degree Assault Is a Crime of Violence
Some forms of second-degree assault, including those involving a deadly weapon or serious bodily injury to an officer, are sentenced under Colorado's crime of violence statute, C.R.S. 18-1.3-406. For these, a prison sentence must be at least the midpoint of the range and can be as long as twice the maximum. The second-degree assault statute allows the court to grant probation in some of these cases instead of a mandatory prison term, which makes the details of the charge and the plea very important.
Strangulation Charges
Strangulation is charged as second-degree assault, a felony, even when the visible injuries are minor. These charges often arise in domestic disputes. Medical findings, photographs, and the timing of any reported symptoms are central to the defense, and the evidence should be reviewed carefully before any decision about the case.
First-Degree Assault
First-degree assault under C.R.S. 18-3-202 is the most serious assault charge. It includes:
- Intending to cause serious bodily injury and causing it with a deadly weapon
- Intending to seriously and permanently disfigure someone, or to destroy or disable a body part or organ, and causing such an injury
- Acting with extreme indifference to human life, creating a grave risk of death, and causing serious bodily injury
- Threatening a peace officer, firefighter, or emergency medical provider with a deadly weapon, with intent to cause serious bodily injury
First-degree assault is a class 3 felony and is sentenced as a crime of violence, which means mandatory prison. The resulting range is 10 to 32 years. If the act occurred in a sudden heat of passion caused by a serious and highly provoking act, it is a class 5 felony instead.
Related Charges
Assault cases often come with other charges, or are charged in place of assault when there was no injury.
- Menacing (18-3-206): placing someone in fear of imminent serious bodily injury by threat or physical action. A class 1 misdemeanor, or a class 5 felony when a real or simulated weapon is used. See our menacing page.
- Harassment (18-9-111): striking, shoving, kicking, or otherwise touching someone with intent to harass, annoy, or alarm, without causing injury. Often negotiated as an alternative to assault.
- Vehicular assault (18-3-205): causing serious bodily injury while driving recklessly or under the influence. A class 5 felony when reckless and a class 4 felony when DUI is involved.
- Weapons charges: prosecutors may add firearm or weapon counts. See our weapons charge page.
How an Assault Case Moves Through Court
Misdemeanor assault cases in El Paso County are heard in El Paso County Court, and felony assault cases in El Paso County District Court, both at the El Paso County Judicial Building, 270 S. Tejon Street. Teller County cases are heard at the Teller County Combined Court in Cripple Creek. We also handle assault cases in Pueblo County and Fremont County.
- Arrest and bond. The court sets bond and issues a mandatory protection order, which usually bars contact with the alleged victim and any witnesses.
- Charges filed. The District Attorney decides which degree of assault to charge, often after reviewing medical records.
- Preliminary hearing. In many felony cases, you can request a hearing where a judge decides whether there is probable cause.
- Discovery and investigation. Your lawyer obtains police reports, video, 911 calls, and medical records, and may interview witnesses.
- Negotiation and motions. Many cases are reduced or dismissed at this stage. Others go forward to motions hearings.
- Trial. If the case is not resolved, a jury decides whether the prosecution has proven every element beyond a reasonable doubt.
The protection order issued at the start of the case stays in place until the case ends. Violating it is a separate crime, even if the alleged victim initiates the contact.
Bond Conditions
Bond in an assault case usually comes with conditions beyond the dollar amount. Common conditions include no contact with the alleged victim, staying away from certain places, no alcohol, and no firearms. Felony cases may add pretrial supervision or check-ins. A lawyer can ask the court to modify conditions that make it hard to work, care for children, or live at home.
How Assault Charges Are Defended
Assault cases often turn on what happened in a few seconds, recalled by people who were frightened, angry, or drinking. A careful defense tests each part of the prosecution's account. No lawyer can promise a particular result, but these are the defenses that come up most often.
Self-Defense and Defense of Others
Under C.R.S. 18-1-704, a person may use physical force to defend themselves or another person from what they reasonably believe is the imminent use of unlawful physical force, using a degree of force they reasonably believe is necessary. When self-defense is raised with some credible evidence on a charge that requires intent or knowledge, the prosecution must disprove it beyond a reasonable doubt. For charges based on recklessness or criminal negligence, the jury is still instructed on self-defense, but it is not treated as an affirmative defense.
Colorado also has a special rule for people inside their own homes, commonly called the Make My Day law, C.R.S. 18-1-704.5. It provides immunity from prosecution in certain situations involving an unlawful entry into a dwelling.
The Level of Injury
The difference between bodily injury and serious bodily injury can turn a class 3 felony into a misdemeanor. Medical records, the treating provider's findings, and an independent medical review can show that an injury was less serious than the charge suggests.
Whether a Weapon Was Involved
Many felony assault charges depend on the use of a deadly weapon. Whether an object was actually used as a weapon, and whether it was capable of causing death or serious injury in the way it was used, are often disputed questions.
Mental State
Each degree of assault requires a specific mental state, such as intent, knowledge, or recklessness. Evidence that an injury was accidental, or that the accused did not act with the required intent, can defeat or reduce the charge.
Consent and Contact Sports
Under C.R.S. 18-1-505, consent can be a defense to conduct that causes bodily injury when the injury is not serious, or when the conduct and injury are a reasonably foreseeable hazard of a lawful athletic contest or competitive sport. Injuries during a game, a match, or sparring may fall within this rule.
Statements and Body Camera Video
Officers usually record their contact with everyone at the scene. That footage can show injuries, or the lack of them, along with demeanor, the lighting, and what each person said before the official statements were written. Comparing the video with the written reports often reveals gaps and inconsistencies.
Identification and Credibility
Crowded scenes such as bars and parties produce conflicting accounts. Video from phones, businesses, and body cameras, along with independent witnesses, often tells a different story than the first police report.
Consequences Beyond the Sentence
- Restitution. A conviction usually includes paying the alleged victim's medical bills and other losses.
- Firearms. A felony conviction ends the right to possess firearms, and a domestic violence assault conviction brings a federal firearm ban even as a misdemeanor.
- Immigration. Some assault convictions are treated as crimes of violence or crimes involving moral turpitude under immigration law.
- Employment and licensing. Violent offenses appear on background checks and can affect jobs in healthcare, education, security, and law enforcement.
- Military members. Service members at Fort Carson, Peterson and Schriever Space Force Bases, and the Air Force Academy can face command action alongside the civilian case.
- Your record. Some assault convictions can be sealed after a waiting period, while crimes of violence cannot. See our record sealing page.
Restitution and Civil Claims
A criminal case and a civil lawsuit can arise from the same incident. Restitution ordered in the criminal case covers the alleged victim's losses, such as medical bills and lost wages, and the alleged victim may also file a separate civil claim. Statements made in one case can be used in the other, which is one more reason to get advice before talking about the incident.
Working With a Colorado Springs Assault Lawyer
Attorney Michael W. Moran has been licensed to practice law in Colorado since 1995 and is a former municipal court judge. He represents people charged with every degree of assault, as well as menacing, harassment, and related charges, in El Paso, Teller, Pueblo, and Fremont counties.
Early action often matters most in assault cases. Video can be overwritten within days, and witnesses become harder to find. A first meeting covers what happened, the injuries claimed, any video or witnesses, and the realistic outcomes for your situation.
Criminal Defense Colorado Springs, P.C. offers free, confidential consultations.
Frequently Asked Questions
What is third-degree assault in Colorado?
Third-degree assault is knowingly or recklessly causing bodily injury to another person. It is a class 1 misdemeanor carrying up to 364 days in jail and a $1,000 fine for offenses committed on or after March 1, 2022.
Can I be charged with assault if there were no visible injuries?
Yes. Colorado defines bodily injury as physical pain, illness, or any impairment of physical or mental condition, so a bruise or mark is not required. The lack of visible injury is still often important evidence about what actually happened.
Is second-degree assault a felony in Colorado?
Yes. Second-degree assault is a class 4 felony, or a class 6 felony when committed in a sudden heat of passion. Some forms are sentenced as crimes of violence, which increases the potential prison term.
Is there a battery charge in Colorado?
No. Colorado charges conduct that other states call battery as assault. Unwanted touching without injury is usually charged as harassment.
Can I be charged with assault if the other person started the fight?
You can be charged, but self-defense is a complete defense when your response was reasonable. Once self-defense is raised on a charge requiring intent or knowledge, the prosecution must disprove it beyond a reasonable doubt. Different rules apply to reckless and negligent charges.
Can the alleged victim drop assault charges?
No. The District Attorney decides whether to proceed. The alleged victim's wishes are considered, but the case can go forward without their cooperation.
Will I go to jail for a first assault charge?
Many first-time misdemeanor assault cases resolve without jail, through dismissal, a deferred judgment, a reduced charge, or probation. Felony assault, especially when sentenced as a crime of violence, carries a much greater risk of prison.
What is serious bodily injury?
Colorado defines serious bodily injury as an injury that involves a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of a body part or organ, or certain fractures and serious burns. It is a higher standard than bodily injury, which can mean physical pain alone.
Can an assault charge be reduced to harassment?
Often, yes. When the evidence of injury is limited or the facts are disputed, prosecutors sometimes agree to resolve a third-degree assault case as harassment or with a deferred judgment.
What should I do if police want to talk to me about a fight?
Politely decline to answer questions until you have spoken with a lawyer. You can do that without being rude or uncooperative, and it protects you from statements that are easily misunderstood.
How long does an assault case take?
Misdemeanor assault cases often resolve within several months. Felony cases usually take longer, particularly when there is a preliminary hearing, medical records to review, or a trial.
Does a felony assault conviction affect my gun rights?
Yes. Under both Colorado and federal law, a felony conviction bars possessing firearms. A domestic violence assault conviction brings a federal ban even when it is a misdemeanor.
Can an assault record be sealed in Colorado?
A dismissed assault case can usually be sealed. Many misdemeanor assault convictions can be sealed after a waiting period, but crimes of violence and convictions involving domestic violence face strict limits. The answer depends on the exact conviction and the date of the offense.
Is strangulation a felony in Colorado?
Yes. Strangulation that causes bodily injury is charged as second-degree assault, a class 4 felony, even when there are few visible marks.
Sources
- C.R.S. 18-3-202, Assault in the first degree
- C.R.S. 18-3-203, Assault in the second degree
- C.R.S. 18-3-204, Assault in the third degree
- C.R.S. 18-3-205, Vehicular assault
- C.R.S. 18-3-206, Menacing
- C.R.S. 18-9-111, Harassment
- C.R.S. 18-1-704, Use of physical force in defense of a person
- C.R.S. 18-1-505, Consent as a defense
- C.R.S. 18-1-704.5, Use of deadly physical force against an intruder
- C.R.S. 18-1.3-406, Crimes of violence sentencing
- C.R.S. 18-1.3-501, Misdemeanor sentencing
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