Colorado First and Second Degree Assault Questions and Answers

First and Second Degree Assault in Colorado are Felony Charges with Differences

What circumstances separate 1st and 2nd degree assault in Colorado?

In all Colorado counties, including Denver, Jefferson, Arapahoe, Adams, and Douglas; second degree assault (CRS 18-3-203) is a class 3 felony and is committed when someone uses a deadly weapon to seriously hurt someone, or they hurt someone in trying to keep a police officer or firefighter from doing their job. Our criminal defense lawyers have defended people in assault crimes where the government called a gun, knife, baseball bat, hammer, stick, fists, rock, or a bottle a deadly weapon. Assault in the second degree does not always result in prison time, but if it is shown to be a crime of violence (COV), the person charged will automatically face a prison term of at least five years.

First degree assault (CRS 18-3-202), also a class 3 felony in Colorado, is committed when someone acts in a way which causes a risk of death to another person, is extremely unconcerned about that person's life, and causes serious injury or disablement because of their reckless actions. Assault in the first degree is always a COV and the mandatory prison term is at least ten years in Colorado

What does Colorado "heat of passion" mean and what can it do for your defense?

Heat of passion explains the mental state of the person at the time they committed the assault. It means that the assault was committed because the person was highly provoked by someone else and that the provocation resulted in sudden heat of passion in an otherwise reasonable person. Heat of passion does not excuse guilt from an assault charge, but is very helpful in reducing the severity of your charges if provable by your experienced criminal defense attorney.

What are some other defenses for assault?

Credible evidence must be shown to prove self defense. It is a powerful defense and if a Colorado criminal attorney is successful in proving self defense, all charges of first or second degree assault will result in a finding of not guilty. Self defense is used when someone defends themselves from another person. The person must believe they were in danger and needed to use force to protect themselves, but they can only use an amount of force that is reasonable for the situation. Self defense can even be used if a person started a fight but then backed away and the other person continued to attack them. Because there are so many factors needed to claim self defense, you will need an experienced criminal lawyer involved quickly to get the facts established.

Any assault charges brought against someone who was defending their home from an intruder can result in a "not guilty" verdict under Colorado's "Make my Day" law (CRS 18-1-704.5), which states that every person has the right to resort to physical force in their home when 1) another person has made an unlawful entry into their home, 2) when the occupant has the belief that the other person has committed a crime in the dwelling and 3) when the occupant believes the other person might use physical force against them.

Why call the O'Malley Law Office?

Assault charges are some of the most serious charges, outside of some sex crimes, which a person can face in Colorado. Most assault charges are filed with circumstances involving domestic violence. It is essential to quickly investigate both sides of the story and gather as many witnesses as possible to get the best evidence of what actually happened. Assault charges are serious and may require mandatory prison time, but there are some great defenses available when the case is handled properly. If facing assault charges, exercise your right to remain silent and call the O'Malley Law Office at 303-731-0719. Together, we can protect your future.

GET HELP NOW! Local: 303-731-0719 | Toll Free: 866-365-9351 | Fill out our form

Bold labels are required.

Contact Information Name

E-mail Address Please enter a valid e-mail address.

Phone Please enter a valid phone number. You may use 0-9, spaces and the ( ) - + characters.

Brief description of your legal issue

Please verify that you have read the disclaimer. I have read the disclaimer. disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.

Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.

Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.

Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.

Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.

Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.

Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.

Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado

Rape and Sexual Assault on a Child by Position of Trust. Dismissed by District Attorney during trial. Douglas County, Castle Rock, Colorado.

Animal Cruelty. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Domestic Violence, Elderly. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Felony Interference with Public Transportation (train system). Deferred Judgment & Dismissed. Douglas County, Castle Rock, Colorado.

Sexual Assault on a Child. Acquittal from jury trial. Grand County, Hot Sulphur Springs, Colorado.

Homicide (Murder), Deadly Weapon. Dismissed by District Attorney. Denver County, Denver, Colorado.

Commercial DUI. Dismissed at DMV. Deferred judgment and sentence at trial court. Larimer County, Fort Collins, Colorado.

Felony Marijuana Possession (large quantity). Deferred judgment and sentence. Denver County, Denver, Colorado.

4th Degree Arson. Dismissed by District Attorney. Weld County, Greeley, Colorado.

Felony Drug Possession. Dismissed at Motions Hearing by suppression of evidence. Denver County, Denver, Colorado.

Felony Assault on Police Officer. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Deregistration of Juvenile Sex Offender. Arapahoe County, Aurora, Colorado.

Felony Violation of Bail Bond Conditions. Dismissed by District Attorney. Broomfield County, Broomfield, Colorado.

Sexual Assault on a Child (3 alleged victims). Acquittal from jury trial. Adams County, Northglenn, Colorado.

Child Abuse. Deferred judgment and sentence. Jefferson County, Golden, Colorado.

DUI - Department of Motor Vehicles. Dismissed following hearing. Jefferson County, Lakewood, Colorado.

Child Abuse. Acquittal from jury trial. Adams County, Thornton, Colorado.