Pursuant to CRS §18-3-204, third-degree assault in Colorado is a Class 1 misdemeanor. It applies when a person causes bodily injury knowingly, recklessly, or through criminal negligence with a deadly weapon. It also covers cases where someone, with intent to harass, annoy, threaten, or alarm someone that they should reasonably know to be a peace officer, firefighter, or emergency medical worker, causes that person to come into contact with blood, bodily fluids, or hazardous materials by throwing, tossing, or expelling them.
3rd degree assault in Colorado is an offense classified as an “extraordinary risk crime,” which allows for a longer maximum jail sentence of up to 24 months instead of the usual 18 for this level of misdemeanor. A conviction can also result in a permanent criminal record, fines, and restrictions on firearm possession in domestic violence cases.
Legal Definition
Colorado breaks third-degree assault into specific elements that the prosecution has to prove beyond a reasonable doubt.
Statutory Elements
A person commits third-degree assault when they:
- Cause bodily injury to another person knowingly or recklessly, or
- Cause bodily injury through criminal negligence with a deadly weapon.
Bodily Injury vs. Serious Bodily Injury
“Bodily injury” in this context means physical pain, illness, or any impairment of physical or mental condition. For example, minor injuries without visible marks, such as soreness or a headache after being struck. “Serious bodily injury” refers to more severe harm like broken bones, permanent disfigurement, a substantial risk of death, or long-term loss of function. When injuries are given the “serious” designation, the case is usually charged as first- or second-degree assault, which are both felonies.
Mental States
- Knowingly means being aware that your actions are practically certain to cause the injury.
- Recklessly means consciously disregarding a substantial and unjustifiable risk that injury will result.
- Criminal negligence with a deadly weapon means failing to recognize that risk when a reasonable person would have, and the conduct is a gross departure from “reasonable care.”
Assaults on Protected Persons
Regarding cases where certain public safety workers are targeted with bodily fluids or hazardous materials, they are handled separately from other third-degree assault charges. The prosecution only needs to prove that the accused acted with intent to harass, annoy, threaten, or alarm a peace officer, firefighter, or emergency medical worker they should reasonably know holds that role. Physical injury is not required, and the law covers both direct contact and situations where the substance is thrown, tossed, or expelled.
Difference Between 1st, 2nd, and 3rd Degree Assault
Colorado law separates assault charges by the seriousness of the injury, the accused person’s mental state, and whether a deadly weapon was used. Those factors decide if the case is filed as a misdemeanor or a felony.
Injury Severity
The level of harm is one of the biggest deciding factors. Third-degree assault applies when the injury meets the “bodily injury” threshold described earlier. First- and second-degree assault require injuries that meet the “serious bodily injury” standard, which raises the charge to a felony.
Mental State
First-degree assault generally means the person intended to cause serious harm. Second-degree assault can involve intent to cause harm with a deadly weapon, or reckless behavior that causes serious injury. Third-degree assault is charged when the conduct was knowing or reckless but the injury was less severe, or when criminal negligence with a deadly weapon caused harm.
Deadly Weapon
A deadly weapon can be a firearm, knife, or any object used in a way that can cause death or serious injury. In first- and second-degree assault, weapon use is tied to more serious intent or reckless conduct. In third-degree assault, it applies only when negligence with the weapon caused the injury.
Classification
First- and second-degree assault are felonies. Third-degree assault is a Class 1 misdemeanor with an “extraordinary risk” designation, allowing for a longer maximum jail sentence than most misdemeanors.
Penalties for Third-Degree Assault in Colorado
Jail and Fines
A third-degree assault conviction carries up to 18 months in county jail. The “extraordinary risk crime” classification increases that maximum to 24 months. Judges can also impose a fine of up to $1,000, either on its own or in combination with jail time.
Restitution
Courts can order repayment for medical bills, lost wages, or other documented losses tied to the offense. Restitution is separate from fines and remains enforceable even if jail time is served.
Probation and Conditions
Instead of, or along with, incarceration, the court may impose up to two years of supervised probation. Typical conditions can include counseling, no contact with the victim, steady employment, and regular meetings with a probation officer. Any violation can lead to jail. Community service is also a typical part of probation.
Domestic Violence Findings
When a domestic violence designation is added, sentencing includes a state-approved treatment program. Federal law also prohibits the defendant from owning or possessing firearms in the future.
Other Consequences of a Third-Degree Assault Conviction
Criminal Record and Sealing
A third-degree assault conviction becomes part of a person’s permanent record. In Colorado, a misdemeanor assault conviction can only be sealed three years after the case is closed, and only if all sentence requirements are met. Until then, the record is public and visible in background checks.
Employment and Housing
Assault charges are viewed seriously by employers and landlords. A conviction can lead to job application rejections, especially for work that involves security clearance or positions of trust. Landlords might deny lease applications after running a background check that shows an assault conviction.
Professional Licensing
Some state licensing boards can suspend or revoke licenses based on certain criminal convictions, which can affect careers in fields like healthcare, education, law enforcement, and financial services.
Immigrationseriousne
For non-citizens, even a misdemeanor assault conviction can trigger immigration problems. It may be considered a crime of moral turpitude or a deportable offense, which can lead to removal proceedings or visa denial.
Firearm Restrictions in Domestic Violence Cases
When a domestic violence designation is attached to a third-degree assault conviction, federal law prohibits the person from owning or possessing firearms or ammunition. This restriction is permanent and does not end when the sentence is completed.
Situations That Can Lead to Third-Degree Assault Charges
Physical Altercations During Arguments
Disagreements that escalate to pushing, hitting, or other unwanted physical contact can result in charges if the other person reports pain or impairment. The law does not require visible injury for a case to be filed.
Accidental Injuries That Can Be Prosecuted
Charges can be filed when an injury results from conduct considered reckless or criminally negligent. For example, swinging an object without looking and striking someone can qualify, even if there was no intent to cause harm.
Domestic Disputes
Arguments between spouses, partners, or family members that turn physical may be filed as third-degree assault. When the people involved have an intimate relationship as defined by the law in Colorado, a domestic violence designation is added to the charge.
Everyday Objects Used as Weapons
Items not usually considered dangerous can be treated as deadly weapons if used in a way that is capable of causing serious harm. Hitting someone with a chair or throwing a heavy object could support a third-degree assault charge if it causes injury.
Assaults on Protected Persons Involving Bodily Fluids
As mentioned, targeting a peace officer, firefighter, or emergency medical worker with bodily fluids or hazardous materials can result in third-degree assault charges under a separate provision of the law. Physical injury does not have to be proven for this type of charge.
Domestic Violence Enhancer
Definition of an Intimate Relationship
An “intimate relationship” in Colorado includes current or former spouses, couples who are or were dating, and people who share a child together. It can also include partners who lived together in the past.
How It Applies to Third-Degree Assault
If the alleged victim is in an intimate relationship with the accused and the conduct meets the elements of third-degree assault, prosecutors can add a domestic violence designation. It can be added whether the injury was intentional, reckless, or caused through criminal negligence with a weapon.
Mandatory Arrest and Restraining Orders
Colorado requires police to make an arrest when they have probable cause to believe a domestic violence offense occurred. After the arrest, the court issues a mandatory protection order that generally prohibits any contact with the alleged victim while the case is in a pending status.
Additional Penalties and Long-Term Effects
A domestic violence designation adds specific sentencing requirements, like completion of a state-approved treatment program. Federal law also prohibits the defendant from owning or possessing firearms or ammunition for life, a designation that stays on a person’s criminal record and can affect things like employment, housing, and child custody decisions.
Defenses
Can you claim self-defense? Yes, if the evidence shows you reasonably believed you or someone else faced unlawful force and you used only the amount of force necessary to stop it.
What if the injury was an accident? An accidental injury that wasn’t the result of reckless behavior does not meet the criteria for third-degree assault. The prosecution has to prove the required mental state.
Does intoxication matter? Sometimes. Although voluntary intoxication isn’t a complete defense, it can be relevant if it raises doubt about whether you acted knowingly.
How do false accusations get challenged? The defense can present evidence showing the accusation is untrue or motivated by another dispute. Inconsistencies in statements or lack of supporting evidence can weaken the prosecution’s case.
What about a fight both people agreed to? If both parties willingly took part in a physical fight, that fact may influence how the case is charged or sentenced.
Court Process for Third-Degree Assault in Colorado
The process for a third-degree assault case follows the same steps as other misdemeanors in Colorado, but two factors can affect how it begins and how sentencing is handled. Under HB21-1280, anyone held in custody must appear before a judge within 48 hours for advisement and bond to be addressed.
- Domestic Violence Designation – If the charge includes a domestic violence finding, police are required to make an arrest and the court will issue a mandatory protection order at the first hearing.
- Extraordinary Risk Classification – While this does not change the steps in the case, it increases the maximum jail sentence the judge can impose if there is a conviction.
Aside from those points, the case moves through the standard misdemeanor stages in Boulder County: arrest, advisement, pre-trial proceedings, possible plea agreement, and trial if no agreement is reached.
Aggravating Factors in Third-Degree Assault Cases
Certain facts can lead to harsher sentences even when the charge remains third-degree assault:
- Prior Convictions – A history of similar offenses can influence the judge to impose more jail time or stricter probation terms.
- Weapon Use – Using or displaying a weapon, even in a misdemeanor case, can weigh heavily at sentencing.
- Serious Injury – If the injury is reclassified as “serious bodily injury,” the case can be upgraded to a felony.
- Presence of Minors – Assault committed in front of children can result in additional penalties.
- Bias-Motivated Conduct – Targeting someone based on race, religion, or another protected class can increase sentencing severity.
- Extraordinary Risk Classification – Built into the statute for third-degree assault, this allows a maximum county jail sentence of up to 24 months instead of 18.
Defense Attorney Representation
A criminal defense attorney’s work in a third-degree assault case starts immediately after arrest or charges are filed. Early involvement helps protect the defendant’s rights during police questioning and initial court appearances.
Defense strategy may be to challenge the level of injury, dispute the alleged mental state, or argue it was self-defense or accident. Reviewing police reports, body camera footage, and medical records is key to identifying weaknesses in the prosecution’s case.
Moving Forward After a Third-Degree Assault Charge
Third-degree assault may be a misdemeanor, but the extraordinary risk classification, possible domestic violence designation, and lasting impact on a record make it a serious charge. Outcomes often turn on the credibility of witnesses, how the injury is classified, and whether the prosecution can prove the required mental state. Working with an experienced assault defense attorney as soon as possible puts you in a stronger position in negotiations or at trial. Contact The Moorhead Law Group today at (303) 447-1400 to discuss your case and the available options.