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 3rd 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:
- 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. - 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. - 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. - 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. - 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.
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