If you or someone you care about is facing this charge, you need straight answers fast. Aggravated assault is one of the most serious violent crimes under Colorado law. A conviction can cost you your freedom, your career, and your future. At Baker Law Group, PLLC, we represent people across the state who are dealing with exactly this situation, and we know how high the stakes are from day one.
This page breaks down what aggravated assault means in Colorado, how it differs from simple assault, what happens when a weapon is involved, and what kind of sentence you could be looking at.
What Is Aggravated Assault Under Colorado Law?
Aggravated assault is an intentional act that causes, or attempts to cause, serious bodily harm to another person under circumstances that make the act especially dangerous. Colorado does not use the exact term “aggravated assault” in its statutes. Instead, the law refers to these charges as second-degree assault and first-degree assault, depending on the severity.
Under Colorado Revised Statutes § 18-3-203, second-degree assault covers situations where a person intentionally causes serious bodily injury, uses a deadly weapon, or causes injury to a peace officer. First-degree assault, under C.R.S. § 18-3-202, covers the most extreme cases, meaning situations where the goal was to cause serious permanent disfigurement or death.
So when people ask what is aggravated assault, the answer is clear. It is a violent charge that goes well beyond a simple push or shove. Colorado prosecutors take these cases seriously, and so should you. These charges move quickly once filed, whether you are in Denver, Colorado Springs, Fort Collins, or anywhere else in the state.
Assault vs Aggravated Assault: Key Differences
Many people confuse simple assault with its aggravated form. The distinction matters enormously, both in how you are charged and how you should respond.
Simple assault in Colorado (third-degree assault, C.R.S. § 18-3-204) is a Class 1 misdemeanor. It typically involves causing minor bodily injury or knowingly placing someone in fear of being struck. The charge is serious, but it is manageable compared to aggravated assault.
The line between assault vs aggravated assault comes down to a few key factors:
- The severity of the injury, since serious bodily harm pushes a charge to the aggravated level
- Whether a weapon was used or threatened
- The identity of the victim, since assaulting a police officer, firefighter, or healthcare worker raises the charge
- The intent behind the act, meaning deliberate intent to cause serious harm
- Whether the person was restrained or defenseless at the time
Once any of those elements are present, you are no longer looking at a misdemeanor. You are looking at a felony, with everything that comes with it. In Colorado, the distinction between these two charges can mean the difference between a fine and years in a state correctional facility.
Is Aggravated Assault a Felony in Colorado?
Yes, and that is one of the most important things to understand. Aggravated assault is a felony in Colorado. There is no version of this charge that stays at the misdemeanor level once the aggravating factors are established.
Here is how the felony classifications break down:
- Second-degree assault is a Class 4 felony in most cases, carrying 2 to 6 years in prison and fines up to $500,000
- Second-degree assault on a peace officer or corrections employee is a Class 3 felony, with 4 to 12 years in prison
- First-degree assault is a Class 3 felony in most cases, with a presumptive range of 4 to 12 years
Colorado also designates assault crimes as “crimes of violence” under C.R.S. § 18-1.3-406. That label triggers mandatory prison time with no option for probation in most circumstances. If you are asking is aggravated assault a felony, the answer is a firm yes, and the consequences reflect that. If you are facing these charges in the El Paso County area, a criminal defense attorney in Colorado Springs who understands how local prosecutors approach violent felonies can be critical to your defense.
Aggravated Assault with a Deadly Weapon
One of the most common aggravating factors in Colorado assault cases is the use of a weapon. Aggravated assault with a deadly weapon dramatically increases the seriousness of both the charge and the potential sentence.
Under Colorado law, a “deadly weapon” is not limited to firearms. The definition is broad and includes:
- Firearms of any kind
- Knives with blades over three and a half inches
- Bludgeons, clubs, or brass knuckles
- Any object used in a way that could cause death or serious bodily harm, which can include everyday objects like a car, a bat, or even a bottle
When a deadly weapon is involved, prosecutors typically charge first-degree assault. That means you are looking at a Class 3 felony, mandatory prison time, and lifetime consequences including the loss of your right to own a firearm. Aggravated assault with a deadly weapon is one of the most aggressively prosecuted charges in Colorado courts.
Denver District Court handles a significant volume of these cases each year, and prosecutors there are experienced and well-resourced. If you are facing this type of charge in the Denver metro area, speaking with a Denver criminal defense lawyer as soon as possible gives you the best chance at building a real defense before the prosecution gets ahead of you.
Aggravated Assault Sentence: What to Expect in Colorado
The aggravated assault sentence you face depends on several factors, including the degree of the charge, whether a weapon was involved, your criminal history, and the specific circumstances of the incident.
Here is a general overview of what Colorado law provides:
- Class 4 felony (second-degree assault) carries 2 to 6 years in prison and fines up to $500,000
- Class 3 felony (first-degree assault) carries 4 to 12 years in prison and fines up to $750,000
- Extraordinary risk crime designation adds up to 4 additional years to the sentencing range
- Crime of violence designation means mandatory prison with no probation
Beyond prison time, a conviction also means a permanent felony record, loss of firearm rights, and serious consequences for employment, housing, and immigration status. Colorado judges follow structured sentencing guidelines, but the facts of your case, and how your attorney presents them, can still influence the outcome significantly.
Courts in northern Colorado, including those in Larimer County, follow the same felony sentencing framework, and early legal intervention is just as critical there as anywhere else in the state. If you are navigating these charges in the Fort Collins area, connecting with a Fort Collins criminal defense lawyer early in the process can make a real difference in how your case develops.
Call a Colorado Criminal Defense Attorney Now
If you are facing an aggravated assault charge in Colorado, you need more than hope. You need a plan. Baker Law Group, PLLC represents clients throughout the state, from the Denver metro area to Colorado Springs, Fort Collins, and every community in between. We take the time to understand your case, explain your options clearly, and fight for the best possible outcome.
We do not make promises, but we do bring strategy, experience, and real commitment to every case we take. You deserve an attorney who takes your situation seriously from day one.
Contact Baker Law Group, PLLC today to schedule a consultation with a Colorado criminal defense attorney. The sooner we can review your case, the better position you will be in, so do not wait.
