Colorado criminal charge
Assault in the first degree in Colorado
Assault in the first degree is a criminal offense under Colorado law, defined by C.R.S. § 18-3-202. 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. § 18-3-202.
What is the penalty for assault in the first degree in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 3 years (First degree assault — heat of passion — Applies when the assault under subsection (1) is committed upon a sudden heat of passion caused by serious and highly provoking acts of the victim, sufficient to excite an irresistible passion in a reasonable person, without adequate cooling-off time.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (First degree assault — heat of passion — Applies when the assault under subsection (1) is committed upon a sudden heat of passion caused by serious and highly provoking acts of the victim, sufficient to excite an irresistible passion in a reasonable person, without adequate cooling-off time.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (First degree assault — heat of passion — Applies when the assault under subsection (1) is committed upon a sudden heat of passion caused by serious and highly provoking acts of the victim, sufficient to excite an irresistible passion in a reasonable person, without adequate cooling-off time.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (First degree assault — standard — Applies when assault in the first degree is committed under any circumstance other than the sudden heat of passion described in subsection (2)(a).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $3,000 to $750,000 (First degree assault — standard — Applies when assault in the first degree is committed under any circumstance other than the sudden heat of passion described in subsection (2)(a).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (First degree assault — standard — Applies when assault in the first degree is committed under any circumstance other than the sudden heat of passion described in subsection (2)(a).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is assault in the first degree classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First degree assault — heat of passion | Class 5 Felony | Applies when the assault under subsection (1) is committed upon a sudden heat of passion caused by serious and highly provoking acts of the victim, sufficient to excite an irresistible passion in a reasonable person, without adequate cooling-off time. | 18-3-202(2)(a) |
| First degree assault — standard | Class 3 Felony | Applies when assault in the first degree is committed under any circumstance other than the sudden heat of passion described in subsection (2)(a). | 18-3-202(2)(b) |
Common questions about assault in the first degree in Colorado
Is assault in the first degree a felony or a misdemeanor in Colorado?
It depends on the circumstances: assault in the first degree ranges from a Class 5 Felony to a Class 3 Felony in Colorado under C.R.S. § 18-3-202.
First degree assault — heat of passion: Class 5 Felony (C.R.S. § 18-3-202(2)(a)) · First degree assault — standard: Class 3 Felony (C.R.S. § 18-3-202(2)(b))
What are the penalties for assault in the first degree in Colorado?
Penalties for assault in the first degree in Colorado depend on how it is classified — from a Class 5 Felony up to a Class 3 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 in the first degree?
Assault in the first degree is governed by C.R.S. § 18-3-202 (Assault in the first degree).
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.