Colorado criminal charge
Assault in the second degree in Colorado
Assault in the second degree is a criminal offense under Colorado law, defined by C.R.S. § 18-3-203. 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. § 18-3-203.
What is the penalty for assault in the second degree in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 12 months to 18 months (Second degree assault — heat of passion — The act causing injury was performed in a sudden heat of passion caused by a serious and highly provoking act of the victim, sufficient to excite an irresistible passion in a reasonable person, without sufficient cooling-off interval.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (Second degree assault — heat of passion — The act causing injury was performed in a sudden heat of passion caused by a serious and highly provoking act of the victim, sufficient to excite an irresistible passion in a reasonable person, without sufficient cooling-off interval.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Second degree assault — heat of passion — The act causing injury was performed in a sudden heat of passion caused by a serious and highly provoking act of the victim, sufficient to excite an irresistible passion in a reasonable person, without sufficient cooling-off interval.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Second degree assault — standard — Assault in the second degree is committed without the heat of passion circumstances described in subsection (2)(a).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $2,000 to $500,000 (Second degree assault — standard — Assault in the second degree is committed without the heat of passion circumstances described in subsection (2)(a).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Second degree assault — standard — Assault in the second degree is committed without the heat of passion circumstances described in subsection (2)(a).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Second degree assault — serious bodily injury during commission of specified felony — The assault is committed without heat of passion circumstances and the victim, other than a participant in the crime, suffered serious bodily injury during the commission or attempted commission of or flight from murder, robbery, arson, burglary, escape, first degree kidnapping, sexual assault, or class 3 felony sexual assault on a child.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $3,000 to $750,000 (Second degree assault — serious bodily injury during commission of specified felony — The assault is committed without heat of passion circumstances and the victim, other than a participant in the crime, suffered serious bodily injury during the commission or attempted commission of or flight from murder, robbery, arson, burglary, escape, first degree kidnapping, sexual assault, or class 3 felony sexual assault on a child.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Second degree assault — serious bodily injury during commission of specified felony — The assault is committed without heat of passion circumstances and the victim, other than a participant in the crime, suffered serious bodily injury during the commission or attempted commission of or flight from murder, robbery, arson, burglary, escape, first degree kidnapping, sexual assault, or class 3 felony sexual assault on a child.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is assault in the second degree classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Second degree assault — heat of passion | Class 6 Felony | The act causing injury was performed in a sudden heat of passion caused by a serious and highly provoking act of the victim, sufficient to excite an irresistible passion in a reasonable person, without sufficient cooling-off interval. | 18-3-203(2)(a) |
| Second degree assault — standard | Class 4 Felony | Assault in the second degree is committed without the heat of passion circumstances described in subsection (2)(a). | 18-3-203(2)(b) |
| Second degree assault — serious bodily injury during commission of specified felony | Class 3 Felony | The assault is committed without heat of passion circumstances and the victim, other than a participant in the crime, suffered serious bodily injury during the commission or attempted commission of or flight from murder, robbery, arson, burglary, escape, first degree kidnapping, sexual assault, or class 3 felony sexual assault on a child. | 18-3-203(2)(b.5) |
Common questions about assault in the second degree in Colorado
Is assault in the second degree a felony or a misdemeanor in Colorado?
It depends on the circumstances: assault in the second degree ranges from a Class 6 Felony to a Class 3 Felony in Colorado under C.R.S. § 18-3-203.
Second degree assault — heat of passion: Class 6 Felony (C.R.S. § 18-3-203(2)(a)) · Second degree assault — standard: Class 4 Felony (C.R.S. § 18-3-203(2)(b)) · Second degree assault — serious bodily injury during commission of specified felony: Class 3 Felony (C.R.S. § 18-3-203(2)(b.5))
What are the penalties for assault in the second degree in Colorado?
Penalties for assault in the second degree in Colorado depend on how it is classified — from a Class 6 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 second degree?
Assault in the second degree is governed by C.R.S. § 18-3-203 (Assault in the second 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.