Denver Assault
Defense Attorney

Assault charges in Colorado range from a misdemeanor to a class 2 felony depending on the circumstances — and even a misdemeanor assault conviction carries consequences that last long beyond any jail sentence. If you've been charged with assault in Denver or anywhere in the Colorado Front Range, William Bacharach provides aggressive, experienced defense from the moment of arrest through trial.

Colorado Assault Laws — Degrees and Penalties

Third Degree Assault (Misdemeanor 1)

Third degree assault — the least serious — is charged when a person knowingly, recklessly, or with criminal negligence causes bodily injury to another person. Under Colorado's 2022 sentencing reform, this is classified as a misdemeanor 1, carrying up to 364 days in county jail and fines up to $1,000. It is also classified as a crime of violence, which has collateral consequences for gun rights and professional licenses.

Second Degree Assault (Class 4 Felony)

Second degree assault is charged when a person intentionally causes serious bodily injury, uses a deadly weapon, or causes bodily injury to a police officer, firefighter, or other protected person. As a class 4 felony, it carries 2–6 years in prison and fines up to $500,000. Second degree assault is a "crime of violence" under Colorado law, which can trigger mandatory sentencing.

First Degree Assault (Class 3 Felony)

First degree assault — the most serious — is charged when a person intentionally causes serious bodily injury with a deadly weapon, disfigures another person, or assault a peace officer with a deadly weapon. A class 3 felony carries 4–12 years in prison. When charged as a crime of violence, the minimum mandatory sentence doubles the presumptive minimum.

Vehicular Assault

Vehicular assault is charged when a driver operating under the influence causes serious bodily injury. Even without intent, this is a class 4 felony — and when charged as DUI-related, carries mandatory minimum prison time.

Defense Strategies for Assault Charges

Self-Defense

Colorado law recognizes the right to use reasonable physical force to defend yourself or others from what you reasonably believe to be imminent unlawful physical force. This is one of the most commonly and successfully raised defenses in assault cases. The key questions are: Was the threat real and imminent? Was the force used proportionate? Did you provoke the confrontation?

William Bacharach investigates the full circumstances of every alleged assault: surveillance footage, witness statements, prior history between the parties, and physical evidence all matter significantly in establishing a self-defense claim.

Defense of Others

Colorado law also allows the use of force to defend a third person from imminent unlawful force. If you intervened to protect someone else, this defense may apply.

Challenging the Identification

Eyewitness misidentification is one of the leading causes of wrongful convictions. In cases where the alleged victim or witnesses identify you as the perpetrator, Attorney Bacharach scrutinizes the reliability of that identification — lighting conditions, distance, prior familiarity, and the suggestiveness of any lineup or photo array.

Challenging the "Serious Bodily Injury" Element

The difference between misdemeanor and felony assault often turns on whether the injury qualifies as "serious bodily injury" under Colorado law. This is a factual question — and one that can be effectively contested with medical records, expert testimony, and a thorough examination of the evidence.

Mutual Combat

In situations where both parties were engaged in a mutual fight or altercation, the circumstances significantly affect the prosecution's ability to prove the required criminal intent. William Bacharach examines the full context of every altercation.

Assault Charges and Domestic Violence Enhancements

When an assault occurs between intimate partners, family members, or household members, Colorado law requires that it be charged with a domestic violence designation. This triggers mandatory arrest, no-contact orders, and additional sentencing requirements. See our Domestic Violence page for specific information on that enhancement.

Collateral Consequences of an Assault Conviction

Beyond the direct sentence, an assault conviction — even a misdemeanor — has lasting consequences: loss of firearm rights (federal law prohibits possession by anyone convicted of a misdemeanor crime of violence), impact on professional licenses, immigration consequences for non-citizens, and damage to employment and housing prospects. William Bacharach fights for the best outcome at every stage to minimize these long-term effects.

Frequently Asked Questions — Assault Charges in Colorado

What are the penalties for assault in Colorado?

Third degree assault (M1) carries up to 364 days in jail. Second degree assault (F4) carries 2 to 6 years in prison. First degree assault (F3) carries 4 to 12 years. When charged as a crime of violence under § 18-1.3-406, C.R.S., the minimum mandatory sentence doubles the presumptive minimum, and probation is not available.

Can assault charges be dismissed in Colorado?

Yes. Common grounds for dismissal include self-defense, defense of others, lack of intent, insufficient evidence of injury, and eyewitness misidentification. A thorough investigation of the facts — surveillance footage, witness statements, and physical evidence — often reveals weaknesses in the prosecution's case.

What is the difference between assault and domestic violence in Colorado?

Domestic violence is not a separate charge — it is a sentence enhancer. When an assault occurs between intimate partners, family members, or household members, it is charged with a domestic violence designation, triggering mandatory arrest, no-contact orders, and additional sentencing requirements.

Is self-defense a valid defense to assault charges in Colorado?

Yes. Colorado law recognizes the right to use reasonable physical force to defend yourself or others from what you reasonably believe to be imminent unlawful physical force. The force used must be proportionate to the threat, and you generally cannot have provoked the confrontation.