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.

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