Colorado Assault Charges FAQs

General questions

1. What are the different degrees of assault in Colorado?
   Colorado has three degrees of assault:

• Third-Degree Assault (misdemeanor): Knowingly or recklessly causing bodily injury to another person. “Bodily injury” can be as little as physical pain.
• Second-Degree Assault (felony): Intentionally causing serious bodily injury, causing bodily injury with a deadly weapon, or recklessly causing serious bodily injury with a deadly weapon.
• First-Degree Assault (felony): Intentionally causing serious bodily injury with a deadly weapon or causing permanent disfigurement or disability.

2. What is the difference between “bodily injury” and “serious bodily injury”?

• Bodily injury: Physical pain, illness, or any impairment of physical or mental condition. Hitting someone and causing them to feel pain at a minor level is bodily injury.
• Serious bodily injury: Injury that involves a substantial risk of death, serious and protracted disfigurement, or protracted loss or impairment of the function of any bodily member or organ, such as a fracture, laceration or a second- or third-degree burn.

3. What is considered a “deadly weapon” in Colorado?
   In Colorado, a deadly weapon is not limited to guns or knives. It can be any object that is used as a weapon, and can cause death or serious bodily injury. This could include a bludgeon, a heavy object, or even a car.

4. What is the difference between assault and menacing?
   Assault involves causing physical injury, while menacing is knowingly placing another person in fear of imminent serious bodily injury. Menacing is a crime based on a credible threat, not physical contact.

5. How do prosecutors decide which degree of assault to charge?
   The charging decision depends on several factors, including:

• The level of intent (intentionally, knowingly, or recklessly).
• The severity of the victim’s injuries.
• Whether a deadly weapon was used.
• Whether the victim was a protected professional, such as a police officer or firefighter.

What to do after being charged

6. I was arrested for assault. What should I do immediately?
   Your first step should be to exercise your right to remain silent regarding the allegations and request an attorney. Provide law enforcement with your name, address, social security number and date of birth. Do not discuss the allegations with law enforcement or make any statements about the incident. Contact the attorneys at Black, Blink, and Associates for immediate help at 719-328-1616 or by clicking on this link. blackandblinklaw.com

7. Can I talk my way out of the charges with the police?
   Probably not. It is a common mistake for people to think they can explain their side to police and have the charges dropped. Anything you say can and will be used against you. Police are trained to elicit incriminating information, so it’s always best to remain silent and contact an attorney at Black, Blink, and Associates at 719-328-1616 or by clicking on this link: blackandblinklaw.com

8. Can the alleged victim drop the charges?
   In Colorado, the alleged victim does not have the legal authority to drop the charges. This decision rests with the prosecutor, who represents the state. Even if the victim does not want to proceed, the prosecutor can continue the case. However, the prosecution still needs to prove the person is guilty beyond a reasonable doubt and often needs the alleged victim’s cooperation.

9. What is the process after being charged?
   The process typically involves being arrest, booked in jail, setting of bail, an initial court appearance (arraignment), and pretrial proceedings. Your lawyer will be able to guide you through each stage, which may ultimately lead to a plea bargain or a trial.

10. Do I need a lawyer for an assault charge?
    Yes. An assault charge, even a misdemeanor, can have severe and lasting consequences. A skilled criminal defense attorney can review evidence, identify defenses, negotiate with the prosecutor, and protect your rights throughout the process.

Common defenses

11. Can I claim self-defense?
    Yes, self-defense is a common defense against assault charges in Colorado. You can use reasonable physical force to protect yourself or others from imminent harm. The force used must be proportional to the threat.

12. What about the “Make My Day” law?
    Colorado’s “Make My Day” law is a specific version of the right to self-defense that applies to a person’s home. It allows an occupant to use deadly force against an intruder who was not invited into the property or refuses to leave if they reasonably believe the intruder is committing a crime and is likely to use any physical force against an occupant.

13. What if it was an accident?
    If you can prove that you lacked the required intent and that the injury was purely accidental, it can serve as a defense. The prosecutor must prove you acted intentionally, knowingly, or recklessly.

14. What if the alleged victim is lying?
    False accusations do occur. An attorney can work to uncover the truth, inconsistencies in the accuser’ story, accuser’s motive, such as revenge, bias or that they were the aggressor, and challenge the credibility of their story.

15. What is the “heat of passion” defense?
    A heat of passion defense does not get the case dismissed, but is a defense that can reduce a felony assault charge to a lesser felony. It applies if you acted under a sudden heat of passion caused by a serious and highly provoking act from the victim, and there was not sufficient time to cool down.

Potential outcomes and penalties

16. What are the potential penalties for an assault conviction?
    Penalties vary drastically by degree.

• First-Degree Assault: A Class 3 felony with a mandatory prison term of 10 to 32 years and fines.
• Second-Degree Assault: A Class 4 felony with a potential prison term of 5 to 16 years and fines.
• Third-Degree Assault: A Class 1 misdemeanor with a potential jail sentence of up to 24 months and fines.

17. What is a plea bargain?
    A plea bargain is an agreement between the prosecutor and the defendant where the defendant pleads guilty to a lesser charge in exchange for reduced penalties. A criminal defense attorney can negotiate with the prosecutor to get the best possible outcome.Black, Blink and Associates has been very successful in reducing the consequences for their clients.

18. What is a deferred judgment?
    A deferred judgment is an agreement where you plead guilty, and the court delays sentencing. If you successfully complete a period of probation and other requirements like anger management classes no new violations of law, the case is dismissed, and you can later petition to have the record sealed.

19. What happens if the assault charge is for domestic violence?
    In Colorado, domestic violence is a sentencing “enhancement” to an underlying criminal charge, not a standalone crime. A domestic violence assault charge triggers a mandatory arrest, staying in jail until you are brought in front of a judge, a protection order, and specific consequences like mandatory treatment programs and loss of firearm rights.

20. Can I get a protection order dropped if the assault charge is domestic violence?
    The protection order will not be completely dropped while the case is pending. Even if the victim wants to drop the order or reconcile, a criminal protection order issued in a domestic violence case can only be modified or dropped by the court. An experienced attorney is often helpful in working with the alleged victim and prosecutor to amend the protection order.

After the case is resolved

21. Can an assault record be sealed in Colorado?
    Record sealing for assault charges is limited.

• Dismissed Charges: If the case is dismissed, you can typically petition to have the record sealed immediately.
• Deferred Judgments: Records can be sealed after the deferred judgment is successfully completed.
• Convictions: Sealing a misdemeanor assault conviction is difficult, and sealing a felony assault conviction is typically not possible.

22. How does a criminal record affect my life?
    An assault conviction can have serious consequences beyond jail and fines. It can negatively impact your employment opportunities, housing applications, and professional licensing. A domestic violence tag on an assault charge can also cause you to lose your gun rights.

23. Can a conviction affect my immigration status?
    Yes. Assault can be considered a “crime of moral turpitude” and a deportable offense for non-citizens, regardless of the person’s visa or residency status.

24. What are the collateral consequences of an assault conviction?
    Beyond direct penalties, you could lose your right to own a firearm, have difficulty finding employment or housing, and face issues in family law cases.

25. If the charge is dismissed, does it disappear from my record?
    A dismissal does not automatically remove the charge from your criminal record. You must proactively file a petition to have the record sealed by the court.

Disclaimer: This information is for general educational purposes and should not be considered legal advice. Consulting with a qualified Colorado criminal defense attorney like the attorneys at Black, Blink, & Associates is essential for specific advice regarding domestic violence charges.