First degree assault in Colorado

What the charge means

Prosecutors must prove specific elements beyond a reasonable doubt. The most common form requires proof that a person intended to cause serious bodily injury and actually caused serious bodily injury using a deadly weapon. Serious bodily injury is a defined legal term. It means an injury that involves a substantial risk of death, serious permanent disfigurement, a lasting loss or impairment of a body part or organ, broken bones, or second or third degree burns.

The statute also covers several other forms, including:

• Intending to disfigure someone seriously and permanently, and doing so
• Conduct showing extreme indifference to the value of human life that creates a grave risk of death and causes serious bodily injury
• Threatening a peace officer, firefighter, or certain other listed workers with a deadly weapon, with intent to cause them serious bodily injury
• Strangulation, meaning applying pressure to the neck or blocking the nose or mouth, done with intent to cause serious bodily injury and actually causing it

Common scenarios include fights that end with a stabbing or shooting, bar altercations where a bottle or other object causes a broken bone or facial injury, and domestic incidents involving strangulation. Intent, the meaning of deadly weapon, and whether an injury truly qualifies as serious bodily injury are often the central disputes in these cases.

Classification and sentencing

First degree assault is a class 3 felony. Under C.R.S. 18-1.3-401, the presumptive prison range for a class 3 felony is 4 to 12 years when the court imposes prison, with a fine of $3,000 to $750,000. First degree assault is also labeled an extraordinary risk crime, which raises the top of that range to 16 years.

Most forms of first degree assault are also crimes of violence under C.R.S. 18-1.3-406. That label changes everything. When it applies, the court must impose a prison sentence of at least the midpoint of the enhanced range and may go up to twice the maximum. In practice that means a mandatory prison sentence of 10 to 32 years, followed by mandatory parole. Probation is not an option for a crime of violence conviction.

There is one major exception. If the act happened in a sudden heat of passion, caused by a serious and highly provoking act of the other person, the charge drops to a class 5 felony. The presumptive range for a class 5 felony is 1 to 3 years if the court imposes prison, and probation or other sentences are often possible at that level because the mandatory prison rule no longer applies.

If the case involves a spouse, partner, or someone in a past or present intimate relationship, a domestic violence label can be added. That label brings protection orders, treatment requirements, and firearm restrictions on top of the underlying sentence.

What else it touches

A felony assault conviction reaches well beyond the sentence itself:

• Firearms. A felony conviction bars gun possession under both Colorado and federal law.
• Immigration. For a noncitizen, first degree assault is typically treated as a crime of violence and can be an aggravated felony, which risks deportation and blocks most relief.
• Record sealing. Assault is listed in Colorado's Victim Rights Act, so a conviction generally cannot be sealed. Dismissed charges and acquittals can usually be sealed.
• Licenses and work. A violent felony conviction can affect professional licenses, security clearances, and housing and job applications.

We defend first degree assault cases in Colorado, and a consultation is the place to get answers about a specific situation.