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Criminal Defense   November 16, 2016

The Crimes of Assault in Colorado

Assault in the first degree in Colorado

If assault in the first degree is committed in the heat of passion caused by a highly provoking act of the victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 5 felony. 18-3-202 (2) (a)

If any person intentionally causes serious injury to another person through the use of a deadly weapon or conduct which creates a critical chance of death, or in the commission of a crime or flight therefrom he or she causes serious injury to another, or, if a person threatens a peace officer or fireman or person employed by a detention facility with a deadly weapon with intent to cause harm, that person commits a class 3 felony. 18-3-202 (2) (b)

Second Degree Assault in Colorado

Assault in the second degree is a class 6 felony when it is committed in what has been termed “the heat of passion”, caused by a extremely provoking actions of the victim, agitating the person causing the assault enough to excite an irresistible desire in a reasonable person, and without an interval between the provocation and the injury adequate for the voice of reason and humanity to be heard. 18-3-203 (2) (a)

A person has committed an assault in the second degree, a class 4 felony, if they: a) intentionally causes serious bodily injury to another; b) attempts to cause serious bodily injury with a deadly weapon; c) causes bodily injury with intent to prevent a peace officer or firefighter from doing his or her duty; d) recklessly causes serious injury by means of a deadly weapon; e) harms someone by means of administering a drug or other substance; or f) when lawfully confined, uses physical force against a peace officer, firefighter, judge, officer of the court, or employee or contract employee of a detention facility in the performance of his or her duties. 18-3-203 (2) (b)

Assault in the second degree is a class 3 felony if a person who is assaulted, other than a participant in the crime, suffers serious bodily injury during the commission or attempted commission of or flight from the commission or attempted commission of murder, robbery, arson, burglary, first degree escape, first degree kidnapping, sexual assault, or class 3 felony sexual assault on a child. 18-3-203 (2) (b.5)

Assault in the third degree in Colorado

A person commits the class 1 misdemeanor of assault in the third degree if he or she:

  • a) knowingly or recklessly causes bodily injury to another person;
  • b) causes bodily injury to another person by means of a deadly weapon and with criminal negligence; or
  • c) with intent to infect, injure, harm, harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know is a peace officer, firefighter, or emergency medical technician, causes such other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including but not limited to throwing, tossing, or expelling such fluid or material. 18-3-204
Vehicular assault in Colorado

A person who drives a motor vehicle in a reckless manner and this conduct is the proximate cause of the serious bodily injury to another, commits a class 5 felony. 18-3-205 (1) (c)

A person who operates a motor vehicle while under the influence of alcohol or drugs and is the proximate cause of serious bodily injury to another commits a class 4 felony. 18-3-205 (1) (c)

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