Skip to Content
Assault and batterycharges are serious in Colorado. Most assault and batterycharges occur as a result of a physical fight or verbal argument that turns physical. Unfortunately, even if you did not cause the fight and you were defending yourself or your property, you could still be arrested if you caused a serious injury to the other person. Also, if you lose your temper and physically throw something at someone whether or not they are severely injured, you could also be accused of assault and battery and arrested in Colorado.

Assault in the First Degree

The most serious assault charges in Colorado are an assault in the first degree, which is considered a Class 3 Felony. Under the Colorado Criminal Code Section 18.3-202, an assault in the first degree is when you:

· Use a deadly weapon with the intent to cause serious injury to someone; or
· Knowingly engage in conduct that would cause grave risk of death to someone and which resulted in injury; or
· Intentionally disfigured or destroyed or amputated a member of someone; or
· Threaten a police offer or firefighter with a deadly weapon, and you intended to cause serious bodily injury to them.

You could face a minimum 8 years and a maximum 24 years prison time and a fine up to $750,000.

Assault in the Second Degree

An assault in the second degree is when you:

· Intentionally cause injury to someone by using a deadly weapon; or
· Cause mental impairment or injury to someone through the use of drugs or other substances; or
· Cause injury by preventing a police offer or firefight from performing their job.

It is considered a Class 4 Felony. You could face a minimum 4 years and a maximum 12 years prison time and a fine up to $500,000.

Assault in the Third Degree

An assault in the third degree is when you:

· Knowingly or recklessly cause bodily injury to someone; or
· When you use a deadly weapon, only negligence may apply.
It is considered a Class 1 Misdemeanor. You could face up to three years in prison.

Case Example:

A 20 year old male was arrested at 1:14 a.m. on April 24, 2010, at his Denver home by Denver police pending investigation and later charged with robbery and third degree assault of a 59 year old male victim, which occurred on April 15, 2010 at the Cherry Creek Shopping Center. A security camera showed the 20 year old fleeing the shopping center. The assailant, allegedly mangled the victim's pinky finger so severely during an iPad theft as the victim was nearing the parking lot of the shopping center that most of the victim's finger was later amputated. The victim had just bought the ipad at the shopping center for a friend.
If you are arrested for assault and battery charges in Colorado, you should not try and handle the matter yourself. Instead, you should hire a Colorado criminal defense attorney. A guilty plea or conviction for assault or battery could prevent you from getting financial aid for college or from obtaining employment, and you could be branded as a violent criminal for the rest of your life. The attorney may be able to get the charges reduced by arguing menacing, misdemeanor endangerment, mistaken identity, or dismissed by arguing self defense, defense of property or defense of others or no credible threat.

Share To: