Colorado criminal charge
Assault during escape in Colorado
Assault during escape is a criminal offense under Colorado law, defined by C.R.S. § 18-8-206. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-8-206.
What is the penalty for assault during escape in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Assault during escape — prior class 1 felony conviction — Applies when the person committing the assault during escape has been convicted of a class 1 felony.; life imprisonment | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 8 years to 24 years (Assault during escape — prior felony conviction (not class 1) — Applies when the person has been convicted of a felony other than a class 1 felony.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 5000 usd to 1000000 usd (Assault during escape — prior felony conviction (not class 1) — Applies when the person has been convicted of a felony other than a class 1 felony.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Assault during escape — prior felony conviction (not class 1) — Applies when the person has been convicted of a felony other than a class 1 felony.; mandatory parole (5 years if crime of violence)) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Assault during escape — held for or charged with but not convicted of a felony — Applies when the person was in custody or confinement and held for or charged with, but not convicted of, a felony.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Assault during escape — held for or charged with but not convicted of a felony — Applies when the person was in custody or confinement and held for or charged with, but not convicted of, a felony.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Assault during escape — held for or charged with but not convicted of a felony — Applies when the person was in custody or confinement and held for or charged with, but not convicted of, a felony.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Assault during escape — charged with, held for, or convicted of a misdemeanor or petty offense — Applies when the person was in custody or confinement and charged with, held for, or convicted of a misdemeanor or petty offense.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Assault during escape — charged with, held for, or convicted of a misdemeanor or petty offense — Applies when the person was in custody or confinement and charged with, held for, or convicted of a misdemeanor or petty offense.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Assault during escape — charged with, held for, or convicted of a misdemeanor or petty offense — Applies when the person was in custody or confinement and charged with, held for, or convicted of a misdemeanor or petty offense.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses charged on/after 2020-07-01 (death penalty repealed, SB20-100).
How is assault during escape classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Assault during escape — prior class 1 felony conviction | class 1 felony | Applies when the person committing the assault during escape has been convicted of a class 1 felony. | 18-8-206(1)(a) |
| Assault during escape — prior felony conviction (not class 1) | class 2 felony | Applies when the person has been convicted of a felony other than a class 1 felony. | 18-8-206(1)(b) |
| Assault during escape — held for or charged with but not convicted of a felony | class 3 felony | Applies when the person was in custody or confinement and held for or charged with, but not convicted of, a felony. | 18-8-206(1)(c) |
| Assault during escape — charged with, held for, or convicted of a misdemeanor or petty offense | class 3 felony | Applies when the person was in custody or confinement and charged with, held for, or convicted of a misdemeanor or petty offense. | 18-8-206(1)(d) |
Common questions about assault during escape in Colorado
Is assault during escape a felony or a misdemeanor in Colorado?
It depends on the circumstances: assault during escape ranges from a class 3 felony to a class 1 felony in Colorado under C.R.S. § 18-8-206.
Assault during escape — prior class 1 felony conviction: class 1 felony (C.R.S. § 18-8-206(1)(a)) · Assault during escape — prior felony conviction (not class 1): class 2 felony (C.R.S. § 18-8-206(1)(b)) · Assault during escape — held for or charged with but not convicted of a felony: class 3 felony (C.R.S. § 18-8-206(1)(c)) · Assault during escape — charged with, held for, or convicted of a misdemeanor or petty offense: class 3 felony (C.R.S. § 18-8-206(1)(d))
What are the penalties for assault during escape in Colorado?
Penalties for assault during escape in Colorado depend on how it is classified — from a class 3 felony up to a class 1 felony — with the ranges set by C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers assault during escape?
Assault during escape is governed by C.R.S. § 18-8-206 (Assault during escape).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.