Assault charges in Colorado Springs and surrounding areas arise from causing bodily harm to another person. According to the law, this harm can be delivered knowingly, recklessly, or intentionally and still qualify as assault.

That being said, our state’s assault laws are intricate, with penalties varying based on factors such as intent, use of deadly weapons, risk of injury, and the identity of the victim. Accusations or charges of assault necessitate skilled representation from a seasoned criminal defense attorney who understands both the ins and outs of the statutes themselves and how our criminal justice system works.

How does domestic violence factor in?

Under the laws of Colorado, domestic violence involves:

“…an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. ‘Domestic violence’ also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.

(2) ‘Intimate relationship’ means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”

So a domestic violence assault is when someone commits an assault against someone with whom they are in – or have been in – an intimate relationship.

This post will cover how these types of charges work, what consequences are associated with them, and how you can fight back if you find yourself charged.  

Zooming in on Assault in Colorado

Assault charges in Colorado Springs span from third degree to first degree, contingent upon the severity of the incident. Our state also has completely separate laws for several crimes that fall under the assault “umbrella,” including vehicular assault, menacing, aggravated extortion, and even unlawfully aiming a laser device at an aircraft. Since any assault crime can technically be an act of domestic violence, we will detail all of those later on in this post.

Here is how Colorado classifies the three degrees of traditional assault:

Third Degree Assault – C.R.S. 18-3-204

Also commonly known as “simple assault,” an assault in the third degree, while less severe compared to higher degrees, remains a significant misdemeanor offense under Colorado law. This means it can impact an individual’s record and future prospects in terms of employment, education, and legal standing. 

Third-degree assault occurs when an individual knowingly, negligently, or recklessly causes or attempts to cause bodily injury to another person through the use of a deadly weapon. Under Colorado law, a “deadly weapon” can potentially mean anything from firearms or knives to everyday objects like rocks or belts.

Furthermore, third-degree assault charges can also apply if the defendant is aware or reasonably should be aware that the victim is a peace officer, firefighter, or emergency medical technician (EMT), and the victim is harassed, threatened, injured, or exposed to bodily fluids such as blood, urine, or hazardous substances. 

Third degree assault is a Class 1 misdemeanor that can include up to 18 months of jail time and/or up to $1,000 in fines.

Second Degree Assault – C.R.S. 18-3-203

A second-degree assault charge in Colorado entails intentionally causing bodily injury or recklessly causing serious bodily injury to another. In most cases, this involves the use of a deadly weapon, but the law allows for exceptions where certain types of victims are involved and in specific situations. 

There are also two particular types of actions that the law calls out as also qualifying as second degree assaults:

1. Administering any substance to another without their consent – besides lawful medical or therapeutic treatment – and with the intent to cause stupor, unconsciousness, or any other impairment or injury.
2. Applying pressure to someone’s neck, or blocking their nose or mouth, in a sufficient amount that it impedes their breathing or circulation, when there is an intent to cause bodily injury and such injury results.

Classified as a felony, second-degree assault carries a penalty of up to 12 years in prison and potential fines reaching $500,000.

First Degree Assault – C.R.S. 18-3-202

First-degree assault in Colorado involves intentionally causing severe bodily harm, such as permanent disfigurement, amputation, or the use of a deadly weapon to disable a body part or organ permanently. 

This form of assault is the most severe and may also be charged when a person displays extreme indifference to human life, engages in behavior that endangers others’ lives, and inflicts serious bodily injury. 

Conviction for this Class 3 felony can lead to imprisonment for up to 32 years and fines up to $750,000, with a minimum sentence of 10 years.

Additional Types of Assaults in Colorado

As mentioned above, Colorado law recognizes various assault offenses, including vehicular assaults, reckless endangerments, and so on. Depending on the circumstances, these offenses can result in either misdemeanor or felony charges. Let’s take a short look at each one.

Vehicular Assault

In our state, vehicular assault is defined as causing serious bodily injury to another person while operating a vehicle either recklessly or under the influence of drugs or alcohol. In Colorado, this offense is outlined in C.R.S. § 18-3-205.

The charge for vehicular assault varies based on the specifics of the incident, being classified as either a Class 5 or Class 4 felony. The distinction between these charges hinges on whether you are accused of reckless driving or driving under the influence of alcohol or drugs. 

Vehicular assault due to reckless driving is classified as a Class 5 felony, whereas the involvement of drugs or alcohol elevates the charge to a Class 4 felony.

The penalties are as follows:

Class 5 felony vehicular assault. This can result in 1-3 years of imprisonment, a fine of $1,000-$100,000, and two years of mandatory parole.

Class 4 felony vehicular assault. This can lead to 2-6 years of imprisonment, a fine of $2,000-$500,000, and three years of mandatory parole. Additionally, if probation is granted, the judge may order continuous alcohol monitoring for 90 days.

Menacing

Under Colorado law, menacing involves knowingly placing or attempt to place another person in fear of imminent serious bodily injury through the use of any threat or physical action.

This crime is a typically a Class 1 misdemeanor. However, it can be charged as a Class 5 felony if the perpetrator uses a bludgeon, firearm, or knife – or simulates any of these weapons.

Criminal Extortion

You probably know this crime under its more common name: blackmail. Essentially, that is what criminal extortion is – threatening someone in order to get them to do (or not do) something against their will. Often the purpose of extortion is to get money from the victim, but not always.

This crime is generally classified as a class 4 felony. It carries a penalty of 2-6 years in prison and/or a fine ranging from $2,000 to $500,000.

If the threat used to extort involves “chemical, biological, or harmful radioactive agents, weapons, or poison,” the charge becomes aggravated, which makes it a Class 3 felony carying a penalty of 4-12 years in prison, five years of mandatory parole, and/or a fine that can range from $3,000-$750,000.

Unlawfully Aiming a Laser Device at an Aircraft

This relatively new law makes it a Class 6 felony for an unauthorized individual to point a laser beam at an occupied aircraft – in flight or on the ground – if the crew notices and reports the incident and the person was not using the laser as a distress signal.

Anyone convicted will be up against a prison sentence of one year to 18 months and fines that range from $1,000 to $100,000.

Again, any of these could be classified as domestic violence if they are perpetrated against someone with whom you have or used to have an intimate relationship.

So, how do assault charges work when they are also acts of domestic violence?

Domestic Violence Assault Charges in Colorado

Though you often hear about people being “charged” with domestic violence, technically there are no official charges for acts of domestic violence. Rather, domestic violence is considered an “enhancement” to an existing criminal charge.

How that works in cases of domestic violence assault is that you would face the penalties associated with that specific assault charge in addition to consequences such as mandatory treatment programs, restraining orders, and restrictions on firearm ownership. It is also important to know that, in our state, incidents of domestic violence trigger mandatory arrest and stringent protection orders.

Moreover, if you violate a protection order, Colorado considers this an additional crime. Any defendant in violation of a protection order can be charged with a class 2 misdemeanor, and this can be increased to a class 1 misdemeanor if:

• they have violated previous protection orders
• the party protected by the order is an intimate partner
• the order was issued due to pending domestic violence charges for the defendant
• the party protected by the order was stalked by the defendant.

Domestic violence charges also come with some painful collateral consequences:

Family and Divorce. Courts prioritize the safety and well-being of children when making custody decisions, and if there is evidence of domestic violence, this can result in restricted or supervised visitation for the abusive parent. Additionally, those going through divorce will find that domestic violence charges can play a big role in determining issues such as spousal maintenance and the division of marital property, particularly if economic abuse is a factor.

Employment Challenges. Colorado’s “Ban-the-Box” law prevents employers from asking about criminal history on an applicant’s initial application or advertising that those with criminal records are not welcome to apply. However, that does not stop hiring managers from asking about your record later on in the process, and most employers conduct thorough background checks on potential employees. While some are willing to hire individuals with criminal records, many are not, particularly when it comes to convictions related to domestic violence. This makes job hunting with such a record particularly challenging.

Loss of Professional Career. For those in professional fields such as law and medicine, a domestic violence conviction can be career-ending. A felony charge, in particular, will almost certainly result in licensing issues, whether you are trying to obtain a license or maintain an existing one.

If you or someone close to you is facing a domestic violence assault charge, it’s crucial to grasp the nuanced classifications of these charges under state law to mount an effective legal defense.

Understanding Colorado’s Misdemeanor vs. Felony Domestic Violence Assault Charges

Our state categorizes domestic violence assault charges as misdemeanors or felonies based on the severity of the offense and aggravating factors. Quite simply, misdemeanor charges are less severe than felonies and generally result in lighter penalties.

Misdemeanor assault charges include simple assault and other less serious offenses. They are punishable by fines, probation, community service, and up to two years in jail.

Felony assault charges are reserved for more serious offenses, such as aggravated assault and assault with a deadly weapon. Conviction of a felony assault can lead to substantial fines and lengthy prison terms.

Factors influencing the classification of assault charges include the extent of the victim’s injuries, use of deadly weapons, and the defendant’s criminal history. Repeat offenders and individuals with prior convictions may face enhanced penalties.

What Happens If You Are Arrested for Domestic Violence Assault in Colorado Springs?

It is highly recommended that you consult with a criminal defense attorney before these proceedings if possible. Doing so will allow your lawyer to prepare an appropriate defense strategy, negotiate potential plea agreements, or proceed to trial if you and they determine that to be the best path forward.

If you are arrested for domestic violence assault in Colorado Springs, the process typically includes the following steps:

Booking. The first thing to remember is that if someone calls in an act of domestic violence, arrest is mandatory. Law enforcement will take you into custody, where you will be photographed, fingerprinted, and processed. You will also be hit with a mandatory protection order.

Initial Appearance. You will appear before a judge, who will inform you of the charges, your rights, and set bail if applicable. Recent legislation mandates initial bond hearings within 48 hours of detention.

Bail and Release. Depending on the severity of the assault charge and your criminal history, you may be released on bail or remain in custody until your court date.

Preliminary Hearing. A preliminary hearing may be held to determine if there is enough evidence to proceed to trial.

Arraignment. During arraignment, you will enter a plea of guilty, not guilty, or no contest. Guidance from your attorney in this part of the process ensures that your rights will be protected while you work to determine your plea to the assault charges. 

Pre-Trial Proceedings. This stage includes the exchange of evidence between the prosecution and defense, pre-trial motions, and possibly plea negotiations.

Trial. If you choose to proceed to trial, your attorney will present evidence and witnesses in your defense against the prosecution’s allegations. The judge or jury will then determine your guilt or innocence.

Sentencing. If found guilty, the judge will impose a sentence, which could include fines, probation, community service, or imprisonment, depending on the severity of the assault charge, as well as any consequences related to the domestic violence enhancement.

Post-Trial. Even if you are convicted, working with an experienced attorney can be helpful in exploring alternative sentencing options, such as probation or rehabilitation programs, appealing the decision, and other forms of post-conviction relief.

Potential Strategies That Can Be Used Effectively against Colorado Domestic Violence Assault Charges

Every domestic violence assault case is different. The strategy that you craft with your legal team will be unique to your specific set of circumstances and desired outcome, and could involve a variety of the below strategies. Potential arguments to use in your defense may include:

Self-defense. Individuals are allowed to use reasonable force to protect themselves from imminent harm. Demonstrating self-defense can potentially lead to reduced or dismissed charges.

Mistaken identity. This involves asserting that the wrong person was accused of committing the assault. Providing evidence of absence from the scene or identifying the true perpetrator can help refute allegations.

Accidental contact. Assault generally requires the accused to cause harm intentionally, knowingly, or recklessly. This defense involves asserting that any contact that may have occurred was instead accidental in nature.

False accusation. This one is fairly straightforward. The argument here is that you were accused falsely. Perhaps the incident never happened and the other party is lying about it. In domestic situations, false accusations can occur for a variety of reasons and the interpersonal dynamics are always complicated

All of these defenses have the ability mitigate charges or lead to their dismissal. Also, while not a defense in and of itself, it is also important to be aware of the statute of limitations for assault cases under Colorado law. For a misdemeanor assault case, prosecutors have 18 months to bring charges. For a felony assault case, prosecutors have three years to bring charges.

Fighting Colorado Domestic Violence Assault Charges Can Be Complicated, But It Always Starts the Same Way: Get in Contact

Getting hit with domestic violence assault charges can leave you feeling stunned, but do not let that keep you from reaching out to a knowledgeable Colorado Springs assault lawyer as soon as possible. The best way to beat your charges is to start working on your plan to fight back at the earliest opportunity.

Do not allow the prosecutor to get any more of a head start. Get in touch with our office now.