What Is Domestic Assault? Understanding Colorado Law, Charges, and How to Report It

Domestic assault remains a serious, often misunderstood issue affecting individuals across Colorado. While the term “domestic assault” is commonly used, Colorado law does not define it as a distinct offense. Instead, actions involving violence or threats within intimate relationships are charged under standard criminal statutes—like assault or harassment—with a domestic violence (DV) designation.

This guide breaks down the key legal concepts, common types of abuse, who can be affected, how domestic assault is charged in Colorado, and what you can do if you’re a victim—or if you’ve been accused.

What Is Domestic Assault in Colorado?

In everyday language, domestic assault refers to acts of physical harm, threats, or coercive behavior committed by a partner, family member, or someone in the same household. It includes more than physical violence—emotional, financial, and psychological abuse often go hand-in-hand.

But in Colorado, there is no standalone crime called “domestic assault.” Instead, prosecutors charge conduct as:

• Assault (1st, 2nd, or 3rd degree),
• Harassment,
• Stalking,
• Menacing,
• or False Imprisonment,
  and attach a domestic violence designation if the offense occurred within an intimate relationship (C.R.S. § 18-6-800.3).

This designation can result in enhanced penalties, mandatory treatment, and loss of firearm rights, even for misdemeanor convictions.

Domestic Assault vs. Domestic Violence: What’s the Difference?

While often used interchangeably, there’s a distinction:

• Domestic assault is an informal term usually referring to a specific act of physical violence or threat. It can be any level of assault, misdemeanor, or felony, against an intimate partner.
• Domestic violence, under Colorado law, refers to a broader pattern of abuse—including emotional, sexual, economic, or coercive conduct—committed against someone in an intimate relationship. Domestic violence can be assault-related, but it can also include many other types of behaviors. Charges like violation of protection order, criminal mischief, harassment, and more.

Types of Abuse That May Be Charged as Domestic Violence

Recognizing abuse early is key to preventing escalation. In Colorado, domestic violence can apply to many forms of abuse:

1. Physical Abuse

Hitting, slapping, choking, shoving, or using weapons. Physical violence often leads to assault charges under C.R.S. § 18-3-202 through 204.

2. Emotional and Psychological Abuse

Gaslighting, threats, isolation, or verbal degradation that controls or intimidates the victim. While not always criminal alone, these behaviors can support harassment or menacing charges.

3. Sexual Abuse

Non-consensual sex acts—even within marriage—can lead to charges under C.R.S. § 18-3-402. Consent is always required, and sexual assault with a DV designation carries harsh penalties.

4. Technological Abuse

Using GPS, social media, or cell phones to monitor, stalk, or harass a partner. These behaviors may result in stalking (C.R.S. § 18-3-602) or harassment charges.

Who Can Be Affected?

Domestic violence can occur in any household or relationship, including:

Victims may include:

• Women, men, or nonbinary individuals
• Children in violent households
• Elderly
• Individuals with disabilities
• LGBTQ+ individuals
• Immigrants afraid to speak up due to legal status
• Teenagers in dating relationships

Perpetrators may include:

• Current or former intimate partners
• Parents, adult children, or siblings
• Caregivers or roommates
• Individuals who use power, control, or intimidation in relationships

The main take-away is that in Colorado, DV means acts committed against a current or former intimate partner. Such as a boyfriend/girlfriend or spouse. It does not include parents, siblings, or children.

How Colorado Classifies Assault Offenses in Domestic Violence Cases

In Colorado, “domestic assault” charges will fall under one of several general assault statutes, with the domestic violence label added if applicable.

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

• Class 3 felony
• Intentional serious bodily injury with a deadly weapon
• Penalty: 10–32 years in prison if classified as a crime of violence

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

• Class 4 felony
• Causing serious bodily injury without a deadly weapon
• May involve strangulation or injury during an emotional confrontation

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

• Class 1 misdemeanor (extraordinary risk)
• Knowingly or recklessly causing bodily injury (even minor)
• Includes shoving, slapping, or punching

4. Harassment (C.R.S. § 18-9-111)

• Class 3 misdemeanor or Class 1 if contact involved
• Repeated unwanted communication, insults, threats, or following

If any of these acts occur against a person in an intimate relationship, prosecutors will apply a domestic violence enhancer, which results in mandatory protection orders and domestic violence counseling.

Is Domestic Assault a Felony or Misdemeanor?

Whether a domestic assault a felony or not, the answer depends on the severity of the act:

Severity	Possible Charges
Minor physical injury	Third-degree assault (misdemeanor)
Serious bodily injury or strangulation	Second-degree assault (felony)
Use of deadly weapon	First-degree assault (felony)
Harassment or repeated threats	Harassment (misdemeanor, DV enhancement possible)
Prior DV convictions	May result in habitual offender felony status (C.R.S. § 18-6-801)

In all cases, domestic violence charges should be taken seriously—even misdemeanors carry significant collateral consequences.

Mandatory Arrest & Protective Orders in Colorado

Mandatory Arrest

Colorado is a mandatory arrest state (C.R.S. § 18-6-803.6). If police have probable cause to believe a domestic violence act occurred, they must arrest the suspect, even if the victim does not want to press charges.

Mandatory Protection Orders

Courts issue a mandatory protection order (C.R.S. § 18-1-1001) after arrest. It prohibits:

• Contact with the victim
• Possession of firearms
• Returning to the shared home

Violation of this order is a separate criminal offense and can be charged as a Class 1 misdemeanor.

Penalties for Domestic Violence Convictions in Colorado

Whether charged as a misdemeanor or felony, domestic violence carries serious legal and personal consequences:

• Jail or Prison Time
  Ranges from a few months (misdemeanor) to over 30 years (felony).
• Mandatory Domestic Violence Counseling
  Conviction requires participation in a state-approved treatment program through the Domestic Violence Offender Management Board (DVOMB).
• Loss of Firearm Rights
  A single DV conviction results in permanent loss of gun ownership rights under state and federal law (C.R.S. § 18-12-108).
• Impact on Custody, Immigration, and Employment
  DV convictions may affect:
  • Parental rights
  • Immigration status
  • Background checks for jobs or housing

Can a Domestic Violence Charge Be Sealed in Colorado?

Sealing a DV-related criminal record in Colorado is extremely limited:

Case Outcome	Eligible for Sealing?
Charges dismissed or acquitted	Yes (C.R.S. § 24-72-705)
Deferred judgment successfully completed	Yes
Misdemeanor DV conviction	Generally not sealable under C.R.S. § 24-72- 706
Felony DV conviction	Not sealable

If your case was dismissed, speak with a criminal defense attorney about filing a motion to seal.

How to Report Domestic Assault in Colorado

If you or someone you know is in danger, follow these steps:

1. Call 911 immediately if there is a threat of harm.
2. Go to a safe location—a friend’s home, shelter, or police station.
3. Cooperate with officers and request a case number.
4. Seek help from local organizations such as:
   • TESSA (Colorado Springs)
   • National Domestic Violence Hotline (800-799-7233)
   • Colorado Coalition Against Domestic Violence (Violence Free Colorado)

How a Domestic Violence Lawyer Can Help You

A skilled Colorado DV attorney can:

• Explain your rights clearly
• Represent you in court
• Help file or contest protection orders
• Negotiate plea deals or advocate for diversion programs
• Assist with sealing eligible records
• Connect you with support services

The McDowell Law Firm Is Here to Help

At McDowell Law Firm, we understand how frightening, complex, and emotional domestic violence cases can be. If you’ve been arrested or charged with a DV, we bring skilled legal support with compassion and clarity.

We handle both felony and misdemeanor domestic violence cases throughout Colorado Springs and the surrounding areas. We also represent clients falsely accused of abuse and help them preserve their reputations, rights, and families.

Contact us today for a confidential consultation and start building your defense. Call 719-227-0022 to speak to an experienced Colorado Springs Domestic violence lawyer today.

The post What Is Domestic Assault? Understanding Colorado Law, Charges, and How to Report It first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/what-is-domestic-assault/
https://mcdowellfirm.com/practice-area/dui-defense/

Is Domestic Violence a Felony in Colorado?

Being accused of injuring someone in your home—especially in a romantic or family relationship—can be a life-altering experience. You may face arrest, criminal charges, restraining orders, and even loss of child custody, housing, or employment. Whether this is your first accusation or you have prior charges, the legal consequences of domestic violence can be extremely serious.

If you’re wondering whether domestic violence is a felony, what charges you might face, and what your rights are, this guide will walk you through Colorado’s domestic violence laws. You’ll learn how charges are classified, what penalties you may face, and how a skilled domestic violence defense attorney can help protect your future.

What Is Felony Domestic Violence in Colorado?

In Colorado, domestic violence is not a separate crime, but rather a legal designation added to other criminal offenses when the alleged act is committed against someone with whom the accused has an intimate relationship (C.R.S. § 18-6-800.3). That can include current or former spouses, dating partners, co-parents, or cohabitants.

Crimes such as assault, stalking, false imprisonment, harassment, or sexual assault may be charged with a domestic violence designation. This enhancement increases penalties, mandates treatment, and may affect firearm rights.

Colorado law classifies felonies into six levels, with Class 1 being the most serious and Class 6 the least. Domestic violence charges may fall into any of these categories based on the underlying offense, and prior convictions can elevate otherwise lower-level crimes.

Examples of Felony Domestic Violence Charges

Here are some common felony charges that may be enhanced with a domestic violence designation:

1. Aggravated Assault: Assault that results in serious bodily injury or involves a deadly weapon may be charged as first- or second-degree assault (Class 3 or 4 felony). When committed against a spouse or partner, the DV label increases the severity and sentencing requirements.
2. Sexual Assault: Non-consensual sex acts may be charged as a felony. When the victim is a current or former intimate partner, this offense carries enhanced penalties and typically requires sex offender registration and mandatory prison time.
3. Stalking (C.R.S. § 18-3-602): Repeated, unwanted following or contact that causes fear can be charged as a Class 5 felony, or Class 4 if there’s a restraining order in place. Stalking in the context of domestic violence is treated with great seriousness by prosecutors.
4. False Imprisonment (C.R.S. § 18-3-303): Typically a Class 2 misdemeanor, but can be elevated to a Class 5 felony if the victim is confined for over 12 hours or threatened with force. Domestic violence context may increase the likelihood of felony charges.
5. Violation of a Protection Order (C.R.S. § 18-6-803.5): A first-time violation is generally a Class 2 misdemeanor, but if the offender has prior DV convictions or the violation includes violence, it may be charged as a Class 5 felony.

Is Domestic Violence a Felony or Misdemeanor in Colorado

The key differences between misdemeanor and felony DV charges depend on:

1. Severity of the Offense
   • Misdemeanors involve minor injury, harassment, or threats.
   • Felonies involve serious bodily injury, use of weapons, or sexual misconduct.
2. Criminal History
   • First-time offenders may face misdemeanor charges.
   • Repeat offenders may face felony charges under habitual offender provisions.
3. Mandatory Enhancements
   If someone has three or more prior DV convictions, any new DV-related offense can be charged as a Class 5 felony under the Habitual Domestic Violence Offender statute (C.R.S. § 18-6-801(7))—even if the underlying charge is a misdemeanor.

Is Domestic Violence a Felony: Penalties and Sentencing

Felony DV convictions carry severe, life-altering penalties, including:

1. Incarceration: Depending on the felony class, sentences will vary. Repeat offenders or crimes involving weapons, children, or extreme violence receive longer terms.
2. Fines: Fines can range from $1,000 to $750,000, depending on the felony level. Courts may also impose restitution to compensate the victim.
3. Mandatory Domestic Violence Treatment: Colorado mandates a specialized treatment program through the Domestic Violence Offender Management Board (DVOMB), which must be completed as a condition of probation or parole (C.R.S. § 16-11.8-103).
4. Restraining and Protection Orders: A mandatory protection order is entered at arraignment under C.R.S. § 18-1-1001, prohibiting contact with the victim. These orders often remain in effect during the case and can extend for years afterward.
5. Loss of Firearm Rights: Federal and Colorado law (C.R.S. § 18-12-108) permanently bar individuals convicted of a felony or any domestic violence misdemeanor from owning or possessing firearms. This prohibition has serious implications for military personnel, hunters, and security professionals.
6. Collateral Consequences: A felony conviction can impact child custody, immigration status, housing eligibility, and future employment—especially jobs requiring background checks or professional licenses.

Habitual Domestic Violence Offender Enhancements

Under C.R.S. § 18-6-801(7), a person convicted of three or more prior offenses involving domestic violence may be labeled a Habitual Domestic Violence Offender. This enhancement allows prosecutors to charge a fourth domestic violence offense as a Class 5 felony, regardless of whether the underlying crime would normally be a misdemeanor.

Penalties for a Class 5 felony include:

• 1 to 3 years in prison
• 2 years of mandatory parole
• $1,000 to $100,000 in fines

This provision is designed to deter repeat offenders and protect victims from escalating patterns of abuse. Courts take habitual DV designations seriously and often impose longer sentences accordingly.

Record Sealing and Expungement for Domestic Violence Offenses

Colorado does not allow expungement of adult criminal convictions (except for certain juvenile cases). However, you may be eligible to seal your criminal record under specific circumstances.

1. Felony domestic violence convictions are not sealable, even after many years.
2. Misdemeanor DV convictions generally cannot be sealed.
3. If your case resulted in dismissal, acquittal, or successful completion of a deferred judgment, you may petition the court to seal your record under C.R.S. § 24-72-705.
4. Record sealing is not automatic and requires the filing of a motion, proper documentation, and potentially a court hearing.

Because of these complexities, consult with a criminal defense lawyer to assess your eligibility and guide you through the process.

Mandatory Arrest & No-Drop Policies in Colorado

Colorado is a mandatory arrest state when domestic violence is reported. Under C.R.S. § 18-6-803.6, law enforcement officers must arrest a suspect if they have probable cause to believe an act of domestic violence occurred. This is true even if the victim does not want to press charges.

In addition, courts automatically issue a mandatory protection order after any arrest for domestic violence (C.R.S. § 18-1-1001). The order may require the accused to:

• Vacate the shared residence
• Avoid all contact with the victim
• Surrender firearms

Violating this order is a separate criminal offense and may lead to additional jail time.

Why You Need a Domestic Violence Attorney?

Domestic violence allegations—especially felonies—can result in prison time, financial loss, and a lifelong criminal record. If you’re facing charges, don’t wait. Here’s how a skilled defense attorney can help:

1. Protect Your Rights: From arraignment to trial, your attorney ensures fair treatment and safeguards your constitutional rights, including protection against self-incrimination or unlawful searches.
2. Build a Strong Defense: Whether you were falsely accused, acted in self-defense, or misunderstood the situation, your lawyer can challenge evidence, cross-examine witnesses, and present mitigating facts.
3. Negotiate Alternatives: In some cases, your attorney may secure a plea bargain for reduced charges, probation, or diversion programs—keeping a felony conviction off your record.
4. Advise on Sealing and Compliance: Your lawyer helps you understand court orders, stay compliant, and take steps toward future sealing or expungement where legally allowed.

Contact McDowell Law Firm for Domestic Violence Defense in Colorado

At McDowell Law Firm, we understand the high stakes of domestic violence charges—especially when felony accusations threaten your freedom, your family, and your future. Whether you’re a first-time defendant or facing charges as a habitual offender, we provide compassionate, strategic defense tailored to your case.

We know Colorado’s domestic violence laws inside and out. We’ll work to protect your rights, challenge the allegations, and build a strong path forward.

Call McDowell Law Firm today to schedule a confidential consultation and take the first step toward your defense.

The post Is Domestic Violence a Felony in Colorado? first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/is-domestic-violence-a-felony/
https://mcdowellfirm.com/practice-area/dui-defense/

What Is Second-Degree Assault in Colorado?

Facing assault charges can be overwhelming, especially when charges like “second-degree assault” come into play. In Colorado, this offense carries serious legal consequences, including mandatory prison time in many cases. Understanding the law, your rights, and the distinctions between different degrees of assault is critical to protecting yourself.

This comprehensive guide will explain how Colorado defines second-degree assault, the legal elements prosecutors must prove, potential penalties, available defenses, and how this charge compares to other assault classifications under state law.

Legal Definition: Second-Degree Assault in Colorado (C.R.S. § 18-3-203)

Under C.R.S. § 18-3-203, Colorado law defines second-degree assault as intentionally, knowingly, or recklessly causing bodily injury to another person under certain aggravating circumstances. These may include:

• Using a deadly weapon
• Causing serious bodily injury
• Assaulting a peace officer, firefighter, EMT, or other protected professional while they are performing their duties
• Causing unconsciousness or injury by administering drugs or other harmful substances without consent
• Intentionally causing bodily injury while in custody

Second-degree assault is typically charged as a Class 4 felony, but certain aggravating factors—such as serious bodily injury or the use of a deadly weapon—can elevate it to a “crime of violence” under C.R.S. § 18-1.3-406, triggering mandatory prison time.

Bodily Injury vs. Serious Bodily Injury: Why It Matters in Second-Degree Assault?

Colorado law draws an important distinction between “bodily injury” and “serious bodily injury,” and the classification directly affects charges and penalties.

Term	Legal Definition
Bodily Injury	Physical pain, illness, or impairment of physical/mental condition (e.g., bruises, cuts, soreness)
Serious Bodily Injury	Injury that involves a substantial risk of death, permanent disfigurement, or loss/impairment of a body part or organ (e.g., broken bones, deep wounds, internal bleeding)

Why This Matters:

• Bodily injury may support a misdemeanor or standard felony charge.
• Serious bodily injury often elevates a case to a “crime of violence,” which requires a minimum of 5 years in prison.

Prosecutors rely heavily on medical records and expert opinions to determine the classification.

Key Legal Elements Prosecutors Must Prove

To secure a conviction for second-degree assault in Colorado, the prosecution must prove one or more of the following elements beyond a reasonable doubt:

1. Intent to Cause Bodily Injury: The defendant knowingly intended to injure the victim, even if the actual injury was less severe than intended.

2. Use of a Deadly Weapon: Any object capable of causing death or serious injury—like a gun, knife, bat, or even a glass bottle—can qualify. The law considers not just the object but how it was used.

3. Recklessly Causing Serious Bodily Injury: Even without intent, a person can be convicted if their reckless behavior causes serious injury (e.g., throwing objects, dangerous driving).

4. Assaulting a Protected Person: Intentionally injuring a police officer, firefighter, EMT, or other protected person while they’re performing their duties qualifies—even if the injury is minor.

5. Drugging Someone Without Consent: Knowingly administering a drug or substance to cause harm or incapacity, without the person’s consent, also constitutes second-degree assault.

Felony Classifications and the “Heat of Passion” Defense

Standard Classification in Second-Degree Assault

Second-degree assault is typically a Class 4 felony, punishable by:

• 2 to 6 years in prison, or
• 5 to 16 years if enhanced as a crime of violence

Class 6 Felony in Second-Degree Assault – Heat of Passion

If the offense occurred in a “heat of passion”—a sudden, intense reaction to serious provocation—the charge may be reduced to a Class 6 felony:

• 12 to 18 months in prison
• May allow probation or lower sentencing

Judges evaluate whether a reasonable person would have been provoked to act similarly.

Class 3 Felony in Second-Degree Assault – Protected Victim

If the victim is a peace officer or emergency responder and suffers serious bodily injury, the charge can be enhanced to a Class 3 felony:

• 4 to 32 years in prison if labeled a crime of violence

Real-World Examples of Second-Degree Assault

Here are common scenarios that lead to second-degree assault charges in Colorado:

• Bar Fight with a Bottle: Smashing a bottle over someone’s head during a fight (deadly weapon + injury). If the injury is serious, it could raise to First Degree.
• Knife Attack in a Dispute: Slashing someone’s arm during a neighbor argument.
• Domestic Violence with a Bat: Hitting a partner with a baseball bat in an argument.
• Road Rage Incident: Striking another driver with a tire iron during a confrontation.
• Firearm Used to Injure: Firing a gun and hitting someone in the leg, even if not fatal.

All of these examples involve either a deadly weapon, serious bodily injury, or intent to harm. Think of it this way: Second Degree Assault: Serious bodily injury (SBI) or a deadly weapon. First Degree Assault is often charged where there is SBI and a weapon. Third Degree Assault is where there is no deadly weapon or SBI. This is an oversimplification, but it works as a guideline in many assault cases when trying to determine how a charge will be filed.

Sentencing Guidelines and Penalties

Classification	Penalty Range	Conditions
Class 4 felony (standard)	2–6 years prison + 3 years parole	Probation possible in some cases
Class 4 felony + Crime of Violence	5–16 years prison (mandatory)	Applies when weapon or serious injury is involved
Class 6 felony (heat of passion)	12–18 months prison	Probation may be available
Class 3 felony (protected victim + serious injury)	4–32 years prison	Applies when victim is peace officer, EMT, etc.

In all cases, a conviction also carries:

• Permanent felony record
• Loss of firearm rights
• Restitution to the victim
• Impact on employment and housing

Defenses to Second-Degree Assault Charges

Common legal defenses include:

• Self-Defense: You acted reasonably to protect yourself or others from immediate harm.
• Lack of Intent: You did not act with intent to harm (relevant in heat-of-passion or reckless cases).
• False Allegations: The accusation may be fabricated, exaggerated, or retaliatory.
• No Serious Injury: The alleged harm doesn’t meet the legal threshold for serious bodily injury.
• Mistaken Identity: You were not the person who committed the act.

A skilled defense attorney will examine the evidence, interview witnesses, and evaluate whether law enforcement followed correct procedures during arrest and investigation.

When to Hire a Criminal Defense Lawyer

You should contact a criminal defense attorney as soon as you’re under investigation or arrested for second-degree assault. These charges carry mandatory prison time in many cases, and early legal representation can protect your rights, challenge weak evidence, and improve your chances of reduced charges or dismissal.

The McDowell Law Firm Can Help

At McDowell Law Firm, we defend clients facing all levels of assault charges throughout Colorado Springs and the surrounding areas. Whether your case involves self-defense, mistaken identity, or a misunderstanding, we will fight to protect your future.

Attorney Josh McDowell understands that one moment should not define your life. If you’re accused of a violent felony, let us advocate for you with precision, discretion, and strength.

Contact us today for a confidential consultation and start building your defense. 719-227-0022.

The post What Is Second-Degree Assault in Colorado? first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/what-is-second-degree-assault/
https://mcdowellfirm.com/practice-area/dui-defense/

What Is First Degree Assault in Colorado Springs?

Facing a serious criminal charge like first-degree assault can feel overwhelming and life-altering. Whether you are under investigation, already charged, or trying to support somebody, understanding the legal landscape is critical. Colorado law takes violent offenses very seriously, and first-degree assault sits among the most severe.

A conviction can result in decades of prison time or a permanent criminal record. There will also be long-term personal consequences that can affect your future, relationships, and employment.

However, you are not alone, and having the right knowledge is your first line of defense. In this blog, we will break down everything you need to know about first-degree assault in Colorado. We will explain what the law says, how it’s classified, what the prosecution must prove, and the penalties involved. You will also learn about potential defenses, the statute of limitations, and how a skilled criminal lawyer can assist you.

What Constitutes First-Degree Assault in Colorado?

First-degree assault in Colorado is one of the most serious violent crime charges a person can face. It involves intentionally causing serious bodily injury to another person, often with a deadly weapon. The law doesn’t take this lightly, and neither should you. If you are facing first-degree assault charges, your freedom, reputation, and future could all be at stake.

Colorado law classifies this offense as a Class 3 felony, which carries a prison sentence of 10 to 32 years. The charge often arises in high-stress situations where emotions escalate quickly. Perhaps it began as an argument or a misunderstanding, but it ultimately had irreversible consequences. And suddenly, you are not just defending your actions—you are fighting for your life.

When people ask, “What is first-degree assault?” they often don’t realize how broad the scope can be. It includes much more than just physical violence. It also includes actions like permanently disfiguring someone or severely injuring a protected individual, such as a peace officer. Even if you didn’t intend for things to go so far, intent plays a huge role in how prosecutors build their case.

Understanding the Legal Definition Under CRS § 18-3-202

Under Colorado statute CRS § 18-3-202, first-degree assault represents the most serious level of assault under state law. This statute outlines specific legal elements that prosecutors must prove beyond a reasonable doubt. If you or someone you care about is facing a charge under this statute, it’s crucial to understand what the law says—because your future may depend on it.

According to CRS § 18-3-202, a person commits first-degree assault if they:

• Intentionally cause serious bodily injury to another person using a dangerous weapon;
• Cause permanent disfigurement or protracted loss or impairment of any bodily function;
• Act with extreme indifference to human life and cause injury under circumstances that create a grave risk of death;
• Cause serious bodily injury to a peace officer, firefighter, or emergency medical provider engaged in the performance of their duties.

Every word in the statute matters. Prosecutors use these elements to construct their case and advocate for the most severe penalties. Once charges are filed, the system begins moving against you—which is why understanding the statute is essential for mounting an effective defense.

Felony Classification: Why First-Degree Assault Is a Class 3 Felony

When you face a first-degree assault charge under Colorado law, it falls under a Class 3 felony—an extremely serious offense. If convicted, you could face significant prison time, substantial fines, and a permanent criminal record.

A Class 3 felony in Colorado carries a presumptive sentencing range of 10 to 32 years in prison, particularly because first-degree assault is classified as a “crime of violence” under CRS § 18-1.3-406. This means enhanced sentencing rules apply, and the court has limited discretion in reducing penalties.

In comparison, a Class 2 felony carries even steeper penalties, but Class 3 felonies like first-degree assault are still considered life-altering. Conviction also carries long-term consequences such as the loss of firearm rights and severe barriers to employment and housing.

Incarceration is just one part of the punishment—your reputation, livelihood, and personal life may all be permanently impacted.

Core Legal Elements That Define First-Degree Assault

Each element of first-degree assault plays a critical role in how prosecutors build their case:

1. Intent to Cause Serious Bodily Injury: Prosecutors must prove that you intended to cause serious harm. This means the act was not accidental or in self-defense—it was deliberate. Your state of mind at the time of the incident is a key focus in court.
2. Use of a Deadly Weapon: A deadly weapon, such as a knife, gun, or blunt object, greatly increases the severity of an assault charge. Using one suggests a higher level of planning or recklessness and raises the stakes dramatically.
3. Causing Permanent Disfigurement or Disability: Permanent physical injuries—such as loss of a limb, severe scarring, or brain damage—can trigger first-degree assault charges. The court treats long-term injuries as particularly serious.
4. Extreme Indifference to Human Life: Actions like firing into a crowd or driving a vehicle into a group can qualify as first-degree assault, even if no one is killed. The law views these acts as showing disregard for human life.
5. Assault on a Protected Person: Causing serious injury to peace officers, firefighters, or EMTs while they’re on duty qualifies as first-degree assault, even if no weapon was used. The law imposes harsher penalties when public safety workers are harmed.

Real-Life Examples of First-Degree Assault

1. Stabbing Someone During an Argument: Using a knife to stab someone during a fight is classic first-degree assault—weapon use, intent to harm, and serious injury.
2. Using a Car as a Weapon: Intentionally running someone over with a vehicle qualifies as first-degree assault due to the use of a dangerous weapon and intent.
3. Causing Permanent Brain Injury in a Fight: Repeatedly striking someone and causing lasting brain damage will trigger this charge due to the permanent impairment inflicted.
4. Firing into a Crowd Without Hitting Anyone: Even without physical injury, the reckless endangerment of multiple people shows extreme indifference and satisfies the legal threshold.
5. Striking a Police Officer with a Bat: Harming a protected person while they perform official duties elevates the crime. Even improvised weapons can lead to enhanced charges.

Differences Between First Degree vs Second Degree vs Third Degree Assault

Degree	Key Factors	Severity
First-Degree	Intent to cause serious bodily injury; use of weapon; permanent disfigurement; extreme indifference	Class 3 felony (10–32 years)
Second-Degree	Causes injury with intent but not permanent harm; may involve resisting arrest	Class 4 felony
Third-Degree	Reckless or knowing conduct that causes minor injuries	Class 1 misdemeanor

Penalties and Consequences of First-Degree Assault in Colorado

1. Long-Term Incarceration: A conviction results in 10 to 32 years in prison. Because it is a crime of violence, Colorado law requires that a substantial portion—often at least 75%—of the sentence be served before parole eligibility under CRS § 18-1.3-406.
2. Substantial Financial Penalties: Courts may impose fines of $3,000 to $750,000, reflecting the gravity of the offense and societal harm.
3. Loss of Civil Rights: Conviction means permanent loss of firearm rights and temporary loss of voting rights while incarcerated. Professional licensing and employment prospects may also be permanently limited.
4. Collateral Consequences: A conviction can impact child custody, immigration status, and access to housing and financial aid.
5. Aggravating Factors May Increase Penalties: Assault involving protected victims, weapons, or repeat offenses may result in consecutive sentencing or other penalty enhancements.

Effective Legal Defenses Against First-Degree Assault Charges

• Self-Defense or Defense of Others: If you were protecting yourself or someone else from immediate harm, this is a legally valid defense under Colorado law.
• Lack of Intent: First-degree assault requires intent. If your conduct was accidental or lacked the intent to cause serious injury, your charge may not meet the legal standard.
• Mistaken Identity or False Accusation: In chaotic situations, eyewitnesses may be mistaken. Your defense attorney can use surveillance, witness testimony, or forensic evidence to contest identification.
• No Use of a Deadly Weapon: If the prosecution cannot prove that you used a weapon, or if the object used doesn’t meet the legal threshold of a deadly weapon, this could lead to reduced charges.
• Injury Was Not Serious or Permanent: Demonstrating that the injury was minor or temporary can undermine the charge of first-degree assault and possibly reduce it to second- or third-degree assault.
• Heat-of-Passion Consideration: While heat-of-passion is not a full defense, it can reduce a first-degree assault charge to second-degree assault under CRS § 18-3-203(2)(a) if certain conditions are met—such as sudden provocation in a highly emotional situation.

Statute of Limitations for First-Degree Assault

In Colorado, the standard statute of limitations for felony assault is five years. However, in cases involving serious bodily injury, use of a deadly weapon, or where DNA evidence is present, prosecutors may have up to ten years to file charges (C.R.S. § 16-5-401). Don’t assume time alone will protect you—consult an attorney if you suspect an investigation.

How McDowell Law Firm Can Help

Every case is different. The right defense strategy depends on the facts, the evidence, and the law. At The McDowell Law Firm, we know how to challenge the prosecution’s claims, scrutinize every detail, and build a defense tailored to your circumstances.

If you or a loved one is facing a first-degree assault charge in Colorado, you don’t have to face it alone. Contact McDowell Law Firm today for a confidential consultation—and take the first step toward protecting your rights and your future.

The post What Is First Degree Assault in Colorado Springs? first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/what-is-first-degree-assault/
https://mcdowellfirm.com/practice-area/dui-defense/

Will I Lose My License After a DUI in Colorado? What You Need to Know

If you’ve been arrested for DUI in Colorado, one of the first questions on your mind is likely: “Will I Lose My License After a DUI in Colorado?” The answer depends on several factors—including whether it’s your first offense, your blood alcohol content (BAC), and how quickly you act after the arrest.

At The McDowell Law Firm, we help clients in Colorado Springs understand their rights and fight to keep their driving privileges. In this DUI guide, we’ll cover everything you need to know about DUI license suspensions, DMV hearings, and how to protect yourself after a DUI charge in Colorado.

Will I Lose My License After a DUI in Colorado?

Quick Answer: Yes, You Can Lose Your License After a DUI

Under Colorado law, your driver’s license can be suspended even before you’re convicted of DUI in court. This happens through a separate administrative process with the Colorado Division of Motor Vehicles (DMV). You must act quickly to protect your driving privileges.

Administrative vs. Criminal Penalties

A DUI arrest in Colorado triggers two separate legal processes:

1. Administrative License Suspension (DMV)

Handled by the DMV. This begins immediately after your arrest and is based on your chemical test results or refusal to take a test.

2. Criminal Case (Court)

Handled in criminal court. A conviction can result in additional license consequences, jail time, fines, probation, and more.

What Is an Express Consent Hearing?

In Colorado, the Express Consent Law requires all drivers to submit to a chemical test (breath or blood) if lawfully arrested for DUI. If you refuse or fail (above .08 BAC for adults) the test, the DMV begins an automatic suspension process.

To fight the revocation, you must request a DMV Express Consent Hearing within 7 days of your arrest on breath and refusal cases. Blood tests take longer to come back, so you’ll have a little more time before the revocation begins.

At the hearing, the DMV will review:

• Whether the officer had probable cause
• Whether you refused or failed (.08 or greater BAC) the chemical test
• Whether procedures were followed correctly

A DUI attorney can represent you at this hearing to challenge the suspension and protect your license.

Can I Still Drive After a DUI Arrest?

Yes, but only under specific conditions:

1. Request a DMV Hearing Within 7 Days (Refusals and breath tests)

Doing this pauses the suspension until a hearing is held—within 60 days of the request. If you did a blood test, the 7 days does not apply, as it will take months to get your results back.

2. Apply for Early Reinstatement

If it’s your first DUI and you took the test, you may qualify for early license reinstatement immediately after the hearing, with an interlock ignition device installed in your vehicle. For a refusal the waiting period is 2 months.

Am I Eligible to reinstate early after a DUI?

Per se and DUI convictions- Eligible first day revocation goes active (need an interlock, SR-22, reinstatement fee)

Refusal- Two-month waiting period after hearing before eligible for early reinstatement. (requires interlock, SR-22, enroll in Level 2 Alcohol education, and all other reinstatement requirements

What Is an Interlock Ignition Device?

An interlock device is a breathalyzer installed in your vehicle. You must blow into it before your car will start. This is mandatory for many drivers seeking reinstatement after a DUI.

Colorado law requires:

• 9 months of interlock for first offense BAC .08–.149 (you may qualify for early release after 4 months.)
• 2 years of interlock for BAC .15+ or repeat offenses, or refusal to test.

Costs include installation, monthly fees, and maintenance—but it allows you to keep driving legally.

Can a DUI Lawyer Help Me Keep My License?

Absolutely. A skilled DUI lawyer in Colorado Springs can:

• Request and represent you at your DMV hearing
• Challenge test results and arrest procedures
• Argue for reduced penalties in criminal court
• Help you apply for early reinstatement or a restricted license

Every DUI case is different, and the right legal strategy can make a major difference in whether you lose your license, or keep it. No attorney can guarantee results, but they can help you put together a strong defense to fight the government’s case against you and the DMV revocation proceedings.

Why Choose The McDowell Law Firm?

At The McDowell Law Firm, we understand the anxiety and uncertainty that follow a DUI arrest. As a trusted Colorado Springs DUI defense law firm, we’ve helped hundreds of clients fight license suspensions and get their lives back on track.

We offer:

• Free initial consultations
• Availability for urgent DUI arrests
• Aggressive defense strategies tailored to your case

Don’t let one mistake define your future. We’ll help you understand your options and fight for the best possible outcome.

FAQs: Will I Lose My License After a DUI in Colorado

Ques: How soon will my license be suspended/revoked after a DUI arrest?

Ans: If you fail or refuse a chemical test, your license will be revoked after 7 days, unless you request a DMV hearing.

Ques: Can I drive to work after a DUI?

Ans: Yes, while you’re awaiting your hearing, or you have obtained an early reinstated license with an interlock device.

Ques: What happens if I refuse the breath or blood test?

Ans: You’ll face an extended license revocation that requires 2 months of no driving and then 2 years of interlock. The police can still write you a ticket for DUI as well.

Ques: Can I fight my license suspension or license revocation?

Ans: Yes. You can request a DMV hearing and challenge the revocation with the help of a DUI lawyer.

The post Will I Lose My License After a DUI in Colorado? What You Need to Know first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/will-i-lose-my-license-after-a-dui-in-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/

Careless Driving vs Reckless Driving: What’s the Difference in colorado?

If you’ve been cited or charged after a traffic incident, understanding the difference between careless and reckless driving in Colorado is critical. While both are serious traffic offenses, they differ in intent, penalties, and potential long-term consequences—especially when they result in injury or death.

Below, we’ll cover the legal definitions, statutory citations, and key differences between careless and reckless driving, including when these offenses lead to vehicular homicide.

What Is Careless Driving in Colorado?

Under C.R.S. § 42-4-1402, careless driving is defined as:

“Operating a motor vehicle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances.”

This charge does not require intent to harm or endanger others. Instead, it focuses on negligence or failure to exercise reasonable care behind the wheel.

Common Examples of Careless Driving:

• Texting while driving
• Failing to yield the right of way
• Driving too fast for road conditions (even under the speed limit)
• Inattentiveness at stop signs or red lights
• Unsafe lane changes without signaling

What Is Reckless Driving in Colorado?

Under C.R.S. § 42-4-1401, reckless driving is defined as:

“Driving a motor vehicle in such a manner as to indicate either a wanton or willful disregard for the safety of persons or property.”

This charge goes beyond mere negligence. Reckless driving implies the driver knew their actions were dangerous and chose to disregard that risk.

Common Examples of Reckless Driving:

• Racing on public roads
• Aggressive tailgating at high speeds
• Driving under the influence of alcohol or drugs
• Blowing through red lights or stop signs at high speeds
• Evading law enforcement in a vehicle

Key Differences Between Careless Driving vs Reckless Driving

Factor	Careless Driving	Reckless Driving
Statute	C.R.S. § 42-4-1402	C.R.S. § 42-4-1401
Mental State	Negligence / Lack of due care	Willful or wanton disregard
Intent Required?	No	Yes (knowledge of risk)
Severity	Misdemeanor traffic offense	Misdemeanor traffic offense
Penalties	Fines, points, possible jail	Higher fines, points, greater jail risk
License Points	4 points	8 points

Penalties for Careless Driving vs Reckless Driving

Both charges can carry substantial consequences—even for first-time offenders.

Careless Driving (No Injury)

• Misdemeanor traffic offense
• Up to $300 fine
• Up to 90 days in jail
• 4 DMV points

Reckless Driving (No Injury)

• Misdemeanor traffic offense
• Up to $1,000 fine
• Up to 90 days in jail
• 8 DMV points
• Possible license suspension for repeat offenses

Note: For adults 21 and over: If you accumulate 12 or more points on your license in 12 months, or 18 or more in 24 months, your license may be suspended.

Careless Driving Causing Injury or Death

When careless driving results in serious bodily injury or death, the charge becomes far more severe.

Careless Driving Causing Death (C.R.S. § 42-4-1402(2)(b))

• Class 1 misdemeanor traffic offense
• Up to 1 year in jail
• Fines up to $1,000
• Mandatory court appearance
• 12 DMV points (automatic license suspension)

Careless Driving Causing Injury

• Class 1 misdemeanor traffic offense
• Up to 1 year in jail
• Fines up to $1,000

Careless driving causing death may lead to civil liability, and in some cases, prosecutors may elevate the charge if the facts suggest willful behavior.

Vehicular Homicide: When Reckless Driving Causes Death

When reckless driving results in someone’s death, prosecutors may charge the defendant with vehicular homicide under C.R.S. § 18-3-106.

Vehicular Homicide – Reckless Driving

• Class 4 felony
• 2 to 6 years in prison
• Fines up to $500,000
• Mandatory parole for 3 years
• Revocation of driver’s license

Vehicular homicide is one of Colorado’s most serious driving-related offenses. The charge applies even if no drugs or alcohol were involved—reckless behavior alone is enough.

Vehicular Homicide – DUI (Also Under C.R.S. § 18-3-106)

If the driver is found to be under the influence of alcohol or drugs at the time of a fatal accident, vehicular homicide becomes a Class 3 felony, punishable by:

• 4 to 12 years in prison
• Fines up to $750,000
• Mandatory parole for 5 years

What to Do If You’re Charged with Careless or Reckless Driving

The consequences of a conviction—whether misdemeanor or felony—can be long-lasting:

• Criminal record
• Driver’s license suspension
• Increased insurance rates
• Employment or background check issues
• Potential civil lawsuits

If you’re facing any driving-related charge, especially one involving injury or death, you should speak to a defense attorney immediately.

An experienced lawyer can review police reports, challenge subjective evidence, and negotiate for reduced charges or dismissal—especially in cases where the driver’s actions were misunderstood or exaggerated.

McDowell Law Firm: Your Colorado Springs Traffic Defense Lawyers

At McDowell Law Firm, we understand that one moment on the road shouldn’t define your future. Whether you’ve been cited for careless driving, charged with reckless driving, or are facing vehicular homicide, we’re here to protect your rights.

Our experienced attorneys know Colorado law and the local court system in El Paso County. We examine every detail of your case to develop a strong, personalized defense.

Call us today for a free consultation and let’s start building your defense.

FAQ: Careless vs Reckless Driving in Colorado

Ques: What’s the difference between careless and reckless driving in Colorado?

Ans: Careless driving (C.R.S. § 42-4-1402) involves negligent or inattentive driving without due regard for road conditions. Reckless driving (C.R.S. § 42-4-1401) involves a willful or wanton disregard for the safety of others. Reckless driving is more serious and carries harsher penalties.

Ques: Is reckless driving a felony in Colorado?

Ans: No, reckless driving is generally a Class 2 misdemeanor traffic offense. However, if reckless driving causes death, it may be charged as vehicular homicide, which is a felony under C.R.S. § 18-3-106.

Ques: Can careless driving lead to jail time?

Ans: Yes. Even though it’s a misdemeanor traffic offense, careless driving can lead to up to 90 days in jail. If it causes injury or death, the maximum jail time increases to up to 1 year, and the driver may face other serious penalties. Will you serve any time on your careless or reckless driving offense? It depends on many factors: your history, the facts, the injuries, the DA you’re dealing with, etc.

Ques: What is the penalty for reckless driving in Colorado?

Reckless driving is punishable by:

• Up to 90 days in jail
• Fines up to $300 (first offense)
• 8 points on your Colorado driver’s license

Repeat offenses can lead to longer jail time, higher fines, and license suspension.

Ques: What happens if careless driving causes a fatal accident?

The charge becomes careless driving causing death, a Class 1 misdemeanor traffic offense. Penalties may include:

• Up to 1 year in jail
• Fines up to $1,000
• License revocation
• 12 DMV points

You may also face civil liability for wrongful death, separate from the criminal charges. Careless driving resulting in death, although it is a misdemeanor traffic offense, is a very serious charge, with very serious consequences. It can result in jail time or very costly restitution, depending on your insurance coverage.

Ques: What is vehicular homicide in Colorado?

Vehicular homicide (C.R.S. § 18-3-106) is charged when a person kills someone while driving recklessly or under the influence of drugs or alcohol. It is a felony and punishable by:

• 2–6 years in prison (reckless)
• 4–12 years in prison (DUI-related)
• Large fines and mandatory parole

Ques: Can I fight a careless or reckless driving charge?

Yes. An experienced traffic defense attorney can challenge:

• Subjective officer observations
• Faulty witness statements
• Lack of intent
• Road or weather conditions
• Lack of causation in accident-related charges

In some cases, your attorney may be able to get the charge reduced or dismissed entirely. No criminal or traffic charges are settled. Even in traffic matters, you have the benefit of the presumption of innocence in your case. The State must prove you guilty beyond a reasonable doubt that you are guilty of the elements of the offense.

Ques: Will a careless or reckless driving charge stay on my record?

Yes, a conviction will stay on your record. Misdemeanor traffic offenses remain on your driving and criminal record and can impact employment, insurance rates, and future legal matters. The best ways to keep it off your record? Dismissal, obtaining a deferred sentence, or pleading to a lesser charge.

The post Careless Driving vs Reckless Driving: What’s the Difference in colorado? first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/careless-driving-vs-reckless-driving/
https://mcdowellfirm.com/practice-area/dui-defense/

What Is Third-Degree Assault in Colorado?

Third-degree assault is one of the most commonly charged violent crimes in Colorado. In some states, this type of assault is called “simple assault”. This is typically where there is no weapon used, or serious bodily injury (SBI) occurred. While it may not involve weapons or severe injury, a conviction for 3^rd Degree Assault can still carry lasting legal and personal consequences.

Let’s review the key elements of third-degree assault, common scenarios, potential penalties, and when to seek legal counsel—especially in cities like Colorado Springs, where local knowledge matters.

What Is Third-Degree Assault in Colorado?

Under C.R.S. § 18-3-204, third-degree assault occurs when a person:

“Knowingly or recklessly causes bodily injury to another person; or with criminal negligence causes bodily injury to another by means of a deadly weapon.”

Unlike more serious forms of assault, third-degree assault doesn’t require serious bodily injury or intent to kill. Even a bruise, sprain, or pain can meet the threshold for “bodily injury” under Colorado law.

Although it is a Class 1 misdemeanor, it is considered an “extraordinary risk” crime, which means it carries enhanced penalties, including potential jail time and significant fines.

Elements of Third-Degree Assault in Colorado

To secure a conviction, the prosecution must prove the following elements:

1. Unlawfulness

The action must lack legal justification—such as self-defense or the defense of others. If the accused acted within legal bounds, such as a reasonable use of force to prevent harm, the charge may not stand.

2. Bodily Injury

The injury doesn’t need to be serious. In Colorado, “bodily injury” includes pain, illness, or any impairment of physical condition. A shove that leaves someone sore or a slap that causes swelling can qualify.

3. Mental State

The act must have been done knowingly, recklessly, or with criminal negligence (if a weapon was used). Accidentally bumping into someone wouldn’t qualify, but intentionally pushing someone out of anger likely would.

Common Examples of Third-Degree Assault in Colorado

Here are real-world examples that may lead to third-degree assault charges under Colorado law:

• Domestic Dispute: A person grabs their partner’s arm tightly or blocks their movement during a heated argument.
• Bar Fight: Someone punches another patron after an exchange of insults, causing minor bruising.
• Road Rage: A driver gets out of the car and shoves another motorist during a traffic dispute.
• Spitting or Throwing Liquids: Even if no physical contact occurs, throwing a drink or spitting can be considered offensive physical contact.
• Caregiver Abuse: A healthcare worker aggressively restrains a patient without medical justification, causing pain or injury.

Penalties for Third-Degree Assault in Colorado

Third-degree assault is a Class 1 misdemeanor and classified as an extraordinary risk crime under Colorado law. This classification increases the potential jail time from the standard 12 months to up to 24 months in county jail, with:

• Fines up to $1,000
• Mandatory anger management or domestic violence treatment (if applicable)
• Probation
• Loss of firearm rights (in domestic cases)

If the incident involves domestic violence, additional legal consequences apply. In Colorado, domestic violence is a sentence enhancer, not a separate charge, and triggers mandatory arrest laws. This means police must make an arrest if they have probable cause—regardless of whether the alleged victim wants to press charges.

Repeat offenders may face felony-level consequences as habitual domestic violence offenders under C.R.S. § 18-6-801.

When to Call a Criminal Defense Attorney

You should speak with an attorney immediately if:

1. You’re Accused or Arrested
   Statements made to police can be misinterpreted. An attorney ensures your rights are protected during questioning and helps prevent self-incrimination.
2. You’re Served with a Protection Order
   These orders can affect where you live, who you contact, and your child custody rights. Violating them is a separate criminal offense.
3. You’re Facing Work or School Consequences
   Even if you’re not criminally convicted, assault allegations can lead to job termination or expulsion from school. Legal help can protect your record and reputation.
4. The Incident Involves Family or Romantic Partners
   Domestic-related charges are particularly sensitive and carry unique consequences under Colorado’s domestic violence statutes. These cases often involve emotional testimony and require experienced handling.
5. You’re Offered a Plea Deal
   Don’t accept a plea until a lawyer has reviewed the evidence. Even a misdemeanor conviction can impact future employment, housing, and custody rights.

McDowell Law Firm Is Here to Help

At McDowell Law Firm, we understand that third-degree assault charges are often rooted in misunderstandings, emotionally charged disputes, or one-sided allegations. These cases can feel overwhelming—but you don’t have to face them alone.

Our team of experienced Colorado Springs defense attorneys knows how to build a strong legal strategy, challenge weak evidence, and fight for your rights—whether at trial or during negotiations.

Whether you’re facing false accusations or a momentary lapse in judgment, we are here to help protect your future. Contact us today for a confidential consultation.

Domestic Violence and Third-Degree Assault

In Colorado, domestic violence is not a separate crime but a sentence enhancer. If the alleged assault involves a spouse, ex, dating partner, roommate, or family member, prosecutors add a domestic violence designation.

This can trigger:

• Mandatory arrest under Colorado’s “must-arrest” law
• No-contact protection orders
• Loss of firearm rights
• Mandatory domestic violence treatment
• Designation as a habitual domestic violence offender (for repeat offenders)

Third vs. Second- and First-Degree Assault in Colorado

Charge	Injury Level	Weapon Use	Sentence Type
3rd-Degree Assault	Minor injuries	Not required	Class 1 Misdemeanor (up to 24 months)
2nd-Degree Assault	Serious injuries	Weapon or S.B.I.	Felony (2–12 years prison)
1st-Degree Assault	Permanent injury / disfigurement	Deadly weapon or extreme indifference	Felony (up to 32 years prison)

Contact McDowell Law Firm for Experienced Defense

If you’re facing a third-degree assault charge in Colorado Springs or El Paso County, you need a lawyer who understands the local courts and can protect your rights. At McDowell Law Firm, we’ve helped countless clients navigate the Colorado criminal justice system with dignity and success.

Call us today for a confidential consultation. Let us help you protect your future.

FAQ: Third-Degree Assault in Colorado

Q: Is third-degree assault a felony in Colorado?

Ans: No. Third-degree assault is a Class 1 misdemeanor, but it is an extraordinary risk offense, which increases the maximum jail time from 12 to 24 months.

Q: What qualifies as “bodily injury” under Colorado law?

Ans: “Bodily injury” includes pain, bruising, or any physical impairment—it does not need to be serious or life-threatening. Yes, even “pain” can be enough of an injury for purposes of this statute.

Q: Can I go to jail for third-degree assault in Colorado?

Ans: Yes. A conviction may result in up to 24 months in jail, even for first-time offenders. Jail is not mandatory in every case, but it’s a real risk without strong legal representation.

Q: Is spitting on someone considered assault?

Ans: Yes. Spitting is considered offensive physical contact and can support a charge of assault in Colorado. Aggravators can include if it happened in a correctional facility, or if the victim was law enforcement.

Q: Can I get third-degree assault charges dismissed?

Ans: Possibly. This is the big question in every case. And the answer is always: “It depends…” Dismissal depends on the evidence, credibility of witnesses, and legal defenses like self-defense, lack of intent, or false allegations. A skilled attorney can negotiate or file motions for dismissal.

Q: How does domestic violence affect third-degree assault?

Ans: Domestic violence enhances third-degree assault charges. It adds mandatory arrest, no-contact orders, and other serious consequences like firearm prohibition and mandatory counseling. Remember, DV isn’t the charge, it’s the modifier of the underlying charge (like assault or harassment) that acts as an aggravator.

The post What Is Third-Degree Assault in Colorado? first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/what-is-third-degree-assault-in-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/