Assault in the 3rd Degree 18-3-204
Assault in the third degree is causing bodily injury to another person. There are many factors to consider in any assault case, specifically defense of self or others. The elements of Assault in the third degree are:
- The defendant
- In the state of Colorado at or about the date and place charged
- Knowingly or Recklessly
- Caused bodily injury to another person
- And the defendant’s conduct was not authorized by an affirmative defense
A common example of Third Degree Assault would be a bar fight where a patron strikes another over an argument causing pain.
Third Degree Assault is a Class 1 Misdemeanor which carries with it up to 364 days in jail and/or up to a $1,000 fine.
Assault in the 2nd Degree 18-3-203 & Assault in the 1st Degree 18-3-202
Generally, the more severe the injury the more severe the level of assault. Second degree assaults can be charged in a number of different ways, but generally one of two things must occur: Either serious bodily injury occurred or a deadly weapon was used. “Serious bodily injury” means injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree. If both occur, then generally the District Attorney will charge first degree assault. If you are convicted of 1st degree assault, the Judge must sentence you to prison from ten to thirty-two years. The Court cannot impose a community based sentence, as with 2nd degree assault.
A common example of a Second Degree Assault would be a bar fight where a patron strikes another over an argument, but instead of just causing pain as in the Third Degree Assault example, the patron breaks the other person’s nose. The break would constitute serious bodily injury. If the patron were to use a deadly weapon to cause the serious bodily injury, the case could be charged as first degree assault.