Assault in Colorado

The attorneys at Rights & Liberties Law Firm are experienced assault attorneys in Colorado who defend people charged with assault.

In Colorado, assaults can be charged as misdemeanors or felonies depending on a variety of factors including the mental state of the accused, the severity of injuries to the alleged victim, whether a weapon was used, whether strangulation was alleged, and whether the assault is alleged as a crime of domestic violence.

The Colorado Criminal Code divides assault into three distinct offenses based on the severity of the assault or degree. There are three degrees of assault. First degree assault carries the most serious penalties. Third degree assault carries the least severe penalties.

First Degree Assault

First degree assault is a violent felony offense. First Degree Assault is defined in Colorado’s assault statute C.R.S. Section 18-3-202. Under Colorado’s First degree assault statute a person can be charged with first degree assault in seven distinct fact patterns. They are as follows.

C.R.S. Section 18-3-202, Colorado’s Assault in the First Degree Statute

A person commits the crime of assault in the first degree if:

(a) With intent to cause serious bodily injury to another person, he causes serious bodily injury to any person by means of a deadly weapon; or

(b) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such an injury to any person; or

(c) Under circumstances manifesting extreme indifference to the value of human life, he knowingly engages in conduct which creates a grave risk of death to another person, and thereby causes serious bodily injury to any person; or

(d) Repealed.

(e) With intent to cause serious bodily injury upon the person of a peace officer, firefighter, or emergency medical service provider, he or she threatens with a deadly weapon a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, and the offender knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider acting in the performance of his or her duties; or

(e.5) With intent to cause serious bodily injury upon the person of a judge of a court of competent jurisdiction or an officer of said court, he threatens with a deadly weapon a judge of a court of competent jurisdiction or an officer of said court, and the offender knows or reasonably should know that the victim is a judge of a court of competent jurisdiction or an officer of said court; or

(f) While lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child and with intent to cause serious bodily injury to a person employed by or under contract with a detention facility, as defined in section 18-8-203(3), or to a person employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, he or she threatens with a deadly weapon such a person engaged in the performance of his or her duties and the offender knows or reasonably should know that the victim is such a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203(3), and who is required to report back to the detention facility at a specified time shall be deemed to be in custody.

(g) With the intent to cause serious bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes serious bodily injury.

Second Degree Assault

Second degree assault is a violent felony offense. Second Degree Assault is defined in Colorado’s assault statute C.R.S. Section 18-3-203. Under Colorado’s second degree assault statute a person can be charged with second degree assault in seven distinct fact patterns. They are as follows.

C.R.S. Section 18-3-203, Colorado’s Assault in the Second Degree Statute

A person commits the crime of assault in the second degree if:

(a) Repealed.

(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or

(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or

(c.5) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person; or

(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or

(e) For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or

(f) While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or, while lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child, he or she knowingly and violently applies physical force against a person engaged in the performance of his or her duties while employed by or under contract with a detention facility, as defined in section 18-8-203(3), or while employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender; except that, if the offense is committed against a person employed by the division in the department of human services responsible for youth services, the court may grant probation or a suspended sentence in whole or in part, and the sentence may run concurrently or consecutively with any sentences being served. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203(3), and who is required to report back to the detention facility at a specified time is deemed to be in custody.

(f.5)

(I) While lawfully confined in a detention facility within this state, an actor with intent to infect, injure, or harm a person in a detention facility whom the actor knows or reasonably should know to be an employee of a detention facility, causes such employee to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including, but not limited to, throwing, tossing, or expelling such fluid or material.

(II) Repealed.

(g) With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another; or

(h) With intent to infect, injure, or harm another person whom the actor knows or reasonably should know to be engaged in the performance of his or her duties as a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, he or she causes such person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including by throwing, tossing, or expelling such fluid or material; or

(i) With the intent to cause bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury.

Third Degree Assault

Second degree assault is a class 1 misdemeanor offense. Third degree assault is defined in Colorado’s assault statute C.R.S. Section 18-3-204. Under Colorado’s third degree assault statute:

C.R.S. Section 18-3-204, Colorado’s Assault in the Third Degree Statute

A person commits the crime of assault in the third degree if:

(a) The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or

(b) The person, with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.

Possible Penalties for Assault in Colorado

Assault can be charged as felony or a misdemeanor depending on the alleged degree of the assault. Regardless of the degree of assault alleged, the possible penalties for an assault charge are serious. They include possible fines, restitution, probation, jail, and prison followed by parole. Additionally, an assault conviction can result in serious collateral consequences including employment consequences, child custody consequences, housing consequences, immigration consequences, and many other civil consequences that can flow from an assault conviction.

Rights & Liberties Law Firm has assembled a possible penalties chart to help you better understand the possible penalties a person charged with assault in Colorado will face.

Degree of Assault

First Degree Assault 18-3-202

Second Degree Assault 18-3-203(b)

(intent to cause bodily injury with a deadly weapon + causes bodily injury with a deadly weapon )

Second Degree Assault 18-3-203(c)

(With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person)

Second Degree Assault 18-3-203(c.5)

(With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person)

Second Degree Assault 18-3-203(d)

(recklessly causes serious bodily injury to another person by means of a deadly weapon)

Second Degree Assault 18-3-203(f)

(While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court)

Second Degree Assault 18-3-203(f.5)

(While lawfully confined in a detention facility within this state, an actor with intent to infect, injure, or harm a person in a detention facility whom the actor knows or reasonably should know to be an employee of a detention facility, causes such employee to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including, but not limited to, throwing, tossing, or expelling such fluid or material)

Second Degree Assault 18-3-203(g)

(With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another)

Second Degree Assault 18-3-203(h)

(With intent to infect, injure, or harm another person whom the actor knows or reasonably should know to be engaged in the performance of his or her duties as a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, he or she causes such person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including by throwing, tossing, or expelling such fluid or material)

Second Degree Assault 18-3-203(i)

(With the intent to cause bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury)

Second Degree Assault 18-3-203(2)(b.5)

(is a class 3 felony if the person who is assaulted, other than a participant in the crime, suffered serious bodily injury during the commission or attempted commission of or flight from the commission or attempted commission of murder, robbery, arson, burglary, escape, kidnapping in the first degree, sexual assault, sexual assault in the first or second degree)

Third Degree Assault 18-3-204

Possible Penalties

Class 3 Felony (Crime of Violence)

Mandatory 10-32 years in Colorado State Prison followed by 3 years of mandatory parole;
$3,000 – $750,000 fine
Restitution

Class 4 Felony (Crime of Violence)

5-16 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole;
$2,000 to $500,000 fine
Restitution

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole;
$2,000 to $500,000 fine
Restitution

Class 4 Felony (Crime of Violence)

Mandatory 5-16 years in Colorado State Prison followed by 3 years of mandatory parole;
$2,000 to $500,000 fine
Restitution

Class 4 Felony (Crime of Violence)

5-16 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole;
$2,000 to $500,000 fine
Restitution

Class 4 Felony

Mandatory 2-6 years in Colorado State Prison followed by 3 years of mandatory parole;
Sentence shall run consecutively with any sentences being served by the offender (unless youth in DYS)
$2,000 to $500,000 fine
Restitution

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole;
$2,000 to $500,000 fine
Restitution

Class 4 Felony (Crime of Violence)

5-16 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole;
$2,000 to $500,000 fine
Restitution

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole;
$2,000 to $500,000 fine
Restitution

Class 4 Felony (Extraordinary Risk)

2-8 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole;
$2,000 to $500,000 fine
Restitution

Class 3 Felony (Crime of Violence)

Mandatory 10-32 years in Colorado State Prison followed by 3 years of mandatory parole;
$3,000 – $750,000 fine
Restitution

Class 1 Misdemeanor

364 days jail;
Probation;
And up to a $1,000 fine
Restitution

Degree of Assault

First Degree Assault 18-3-202

Second Degree Assault 18-3-203(b)

(intent to cause bodily injury with a deadly weapon + causes bodily injury with a deadly weapon )

Second Degree Assault 18-3-203(c)

Second Degree Assault 18-3-203(c.5)

Second Degree Assault 18-3-203(d)

(recklessly causes serious bodily injury to another person by means of a deadly weapon)

Second Degree Assault 18-3-203(f)

Second Degree Assault 18-3-203(f.5)

Second Degree Assault 18-3-203(g)

(With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another)

Second Degree Assault 18-3-203(h)

Second Degree Assault 18-3-203(i)

Second Degree Assault 18-3-203(2)(b.5)

Third Degree Assault 18-3-204

Possible Penalties

Class 3 Felony (Crime of Violence)

Mandatory 10-32 years in Colorado State Prison followed by 3 years of mandatory parole;
$3,000 – $750,000 fine
Restitution

Class 4 Felony (Crime of Violence)

5-16 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole;
$2,000 to $500,000 fine
Restitution

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole;
$2,000 to $500,000 fine
Restitution

Class 4 Felony (Crime of Violence)

Mandatory 5-16 years in Colorado State Prison followed by 3 years of mandatory parole;
$2,000 to $500,000 fine
Restitution

Class 4 Felony (Crime of Violence)

5-16 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole;
$2,000 to $500,000 fine
Restitution

Class 4 Felony

Mandatory 2-6 years in Colorado State Prison followed by 3 years of mandatory parole;
Sentence shall run consecutively with any sentences being served by the offender (unless youth in DYS)
$2,000 to $500,000 fine
Restitution

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole;
$2,000 to $500,000 fine
Restitution

Class 4 Felony (Crime of Violence)

5-16 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole;
$2,000 to $500,000 fine
Restitution

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole;
$2,000 to $500,000 fine
Restitution

Class 4 Felony (Extraordinary Risk)

2-8 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole;
$2,000 to $500,000 fine
Restitution

Class 3 Felony (Crime of Violence)

Mandatory 10-32 years in Colorado State Prison followed by 3 years of mandatory parole;
$3,000 – $750,000 fine
Restitution

Class 1 Misdemeanor

364 days jail;
Probation;
And up to a $1,000 fine
Restitution

Defenses to Assault in Colorado

General Denial

The accused will be acquitted if the prosecution cannot prove every element of the assault offense beyond a reasonable doubt. When the accused raises a general denial defense, the accused denies that the criminal elements of the assault exist. General denial is related to the failure of proof defense. The failure of proof defense arises when the accused pokes holes in the prosecution’s case and argues that the prosecution failed to prove each and every element of the offense beyond a reasonable doubt. General denial and failure of proof amount to denying that the assault happened.

Self-Defense & Defense of Others

Self-defense is an affirmative defense. In a self-defense case, the accused does not deny that the assault happened. Instead, the accused asserts that the assault was justified.

Under Colorado’s self-defense statute C.R.S. 18-1-704:

a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.
a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.
(a) The actor has reasonable ground to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or
(b) The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or
(c) The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 18-4-301 or 18-4-302, sexual assault as set forth in section 18-3-402, or in section 18-3-403 as it existed prior to July 1, 2000, or assault as defined in sections 18-3-202 and 18-3-203.
Notwithstanding the provisions of subsection (1) of this section, a person is not justified in using physical force if:
(a) With intent to cause bodily injury or death to another person, he provokes the use of unlawful physical force by that other person; or
(b) He or she is the initial aggressor; except that his or her use of physical force upon another person under the circumstances is justifiable if he or she withdraws from the encounter and effectively communicates to the other person his or her intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force;
(c) The physical force involved is the product of a combat by agreement not specifically authorized by law; or
(d) The use of physical force against another is based on the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including but not limited to under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant. Nothing in this subsection (3)(d) precludes the admission of evidence, which is otherwise admissible, of a victim’s or witness’s conduct, behavior, or statements.
In a case in which the defendant is not entitled to a jury instruction regarding self-defense as an affirmative defense, the court shall allow the defendant to present evidence, when relevant, that he or she was acting in self-defense. If the defendant presents evidence of self-defense, the court shall instruct the jury with a self-defense law instruction. The court shall instruct the jury that it may consider the evidence of self-defense in determining whether the defendant acted recklessly, with extreme indifference, or in a criminally negligent manner. However, the self-defense law instruction shall not be an affirmative defense instruction and the prosecuting attorney shall not have the burden of disproving self-defense. This section shall not apply to strict liability crimes.

Use of (Deadly) Physical Force Against an Intruder (“Make my Day”)

A person who raises use of deadly force or physical against an intruder as a defense is immune from criminal prosecution for using such force upon a judge ruling as a matter of law that the home occupant used deadly physical or physical force against an intruder. Establishing that the accused used deadly or physical force against an intruder requires the accused to file a “Make My Day” motion in the criminal court and request legal findings on the applicability of the use of (deadly) physical force against an intruder statute. The judge will occasionally, although rarely in practice, rule that the immunity from prosecution applies. However, even if the judge rules that the immunity from criminal prosecution does not apply, use of (deadly) force against an intruder can still be raised as a complete defense to the charge of assault if the assault occurred within the accused dwelling and meets the elements of the use of (deadly) force against an intruder statute.

Use of deadly force against an intruder, also known as “make my day” is an affirmative defense. In a use of deadly force against an intruder case, the accused does not deny that the assault happened. Instead, the accused asserts that the assault was justified.

Under Colorado’s use of deadly physical force against an intruder statute C.R.S. 18-1-704.5:

The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.
Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.
Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.
Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.
As used in this section, unless the context otherwise requires, “dwelling” does not include any place of habitation in a detention facility, as defined in section 18-8-211(4).

Use of Physical Force in Defense of Premises

Use of physical force in defense of premises is an affirmative defense. In a use of physical force in defense of premises case, the accused does not deny that the assault happened. Instead, the accused asserts that the assault was justified.

Under Colorado’s use of physical force in defense of premises statute C.R.S. 18-1-705:

A person in possession or control of any building, realty, or other premises, or a person who is licensed or privileged to be thereon, is justified in using reasonable and appropriate physical force upon another person when and to the extent that it is reasonably necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of an unlawful trespass by the other person in or upon the building, realty, or premises. However, he may use deadly force only in defense of himself or another as described in section 18-1-704, or when he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the trespasser to commit first degree arson.

Use of Physical Force in Defense of Property

Use of physical force in defense of property is an affirmative defense. In a use of physical force in defense of property case, the accused does not deny that the assault happened. Instead, the accused asserts that the assault was justified.

Under Colorado’s use of physical force in defense of premises statute C.R.S. 18-1-706:

A person is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the other person to commit theft, criminal mischief, or criminal tampering involving property, but he may use deadly physical force under these circumstances only in defense of himself or another as described in section 18-1-704.

Heat of Passion

The accused can raise the heat of passion defense in limited circumstances to reduce a class 3 felony first degree assault to a class 5 felony offense.

Under C.R.S. 18-3-202(2)(a) if assault in the first degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 5 felony.

The accused can raise the heat of passion defense in limited circumstances to reduce a class 4 felony second degree assault to a class 6 felony.

Under C.R.S. 18-3-203(2)(a) If assault in the second degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 6 felony.

Heat of Passion

The accused can raise the heat of passion defense in limited circumstances to reduce a class 3 felony first degree assault to a class 5 felony offense.

The accused can raise the heat of passion defense in limited circumstances to reduce a class 4 felony second degree assault to a class 6 felony.

Lesser Included Offense Defense

In certain circumstances, the accused can raise the defense of lesser included offense in an assault case by arguing that the accused is not guilty of the more serious degree of assault but only guilty of the lesser degree of assault. For example, a person charged with a first degree assault who raises the lesser included offense defense may contend that the first degree assault was really a second degree assault. In some circumstances the accused may contend that the first degree assault was so lacking in seriousness as to amount to a third degree misdemeanor assault. In lesser included offense defenses, the accused admits that the crime of assault happened but challenges the severity and degree of the type of assault alleged.

Lesser Non-Included Offense Defense

Lesser non-included offense defenses are somewhat novel. They often require litigation and favorable rulings from a judge before the jury can be instructed on a lesser non-included offense. The gist of a lesser non-included offense defense is that the accused admits that a crime happened but contends that the crime was not an assault but rather some other type of crime like disturbing the peace, harassment, public fighting, etc. This defense can significantly reduce the accused’s exposure to serious felony consequences because many of the lesser non-included offenses that an accused may raise in a criminal assault case are lower level misdemeanor or even petty offenses. This defense is uncommon but in certain cases it can be successfully raised.

Mistaken Identity

Mistaken identity is a general denial defense that attacks the element of who committed the alleged assault. As the prosecution is required not only to prove that the assault happened, but that the person charged committed the assault, the mistaken identity defense can be an effective way to challenge the prosecution on the element of who committed the crime. In the context of an assault case, mistaken identify defenses usually arise when the accused is arrested and charged with assault after the alleged assault happened or when the accused is identified after a chaotic situation where eyewitness accounts are not trustworthy. Mistaken identity cases often involve witness misidentification issues, poor witness perception issues, inaccurate, improper, or biased police identification procedures, grainy surveillance videos, and mistaken eyewitness accounts.

Alternate Suspect

The alternate suspect defense occasionally arises in assault cases. When the accused raises the alternate suspect defense, he or she does so to cast doubt on the identity element of the assault charges. In other words, the alternate suspect defense is used to cast doubt on the prosecution’s evidence that the accused committed the crime. By raising the alternate suspect defense, the accused casts doubt on the identity element of assault by raising the possibility that another person committed the assault rather than the accused. In Colorado assault trials the admissibility of alternate suspect evidence will depend on “the strength of the connection between the alternate suspect and the charged crime. If there is a non-speculative connection or nexus between the alternate suspect and the crime charged, the evidence will be admissible.”

If the defense introduces “alternate suspect” evidence, the judge must “look to whether all the similar acts and circumstances, taken together, support a finding that the same person was probably involved in both the other act and the charged crime.” If the judge finds that the accused has presented evidence sufficient to support a finding that an alternate suspect committed the crime, the accused can have the jury consider this evidence in their deliberations. While the alternate suspect defense is seldom used in assault cases, certain circumstances will give rise to the availability of this defense.

Statute of Limitations for Assault in Colorado

In Colorado the statute of limitations for commencing criminal charges against a person is governed by C.R.S. Section 16-5-401. The statute of limitations for commencing criminal charges for Colorado assault crimes is as follows:

First degree assault charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
Second degree assault charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
Third degree assault charges must be filed within 18 months. C.R.S. 16-5-401(1)(a.5)

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The attorneys at Rights & Liberties Law Firm are skilled negotiators. If you’ve made a mistake we will leave no stone unturned in presenting mitigation to contextualize your circumstances. We will obtain information and prepare a mitigation presentation or report to the prosecutor to present you in your best light and show the state and the judge that despite your mistakes you’re a dignified human being worthy of leniency and redemption. We will protect you from the overly punitive instincts of the criminal legal system and obtain the best plea bargain possible.
If you’re up against the wall facing serious charges, jail, or prison time the attorneys at Rights & Liberties Law Firm have your back. From drug distribution and barfights to sex assaults and homicides the attorneys at Rights & Liberties Law Firm know that life gets wild and things fall apart. We’ll fight to keep your life together and advocate to ensure that you receive a non-prison sentence, or one which results in the lowest amount of prison time possible.
If you’re wondering why we do this work, we’re in it because we care. At Rights & Liberties Law Firm we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel overly punitive criminal legal system. At Rights & Liberties Law Firm we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.