Colorado Assault Charges
Colorado recognizes three degrees of assault. First-degree (C.R.S. § 18-3-202) and second-degree (C.R.S. § 18-3-203) assault are felonies. Third-degree assault (C.R.S. § 18-3-204) is a class 1 misdemeanor, though it can become a class 6 felony if the victim is an at-risk person.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice, and Colorado’s assault elements and penalties are detailed and frequently amended — confirm the current numbers against the statute and talk to a Colorado attorney.
Colorado grades assault into three degrees, and the degree determines whether the charge is a felony or a misdemeanor.
First- and second-degree assault are felonies
- First-degree assault (C.R.S. § 18-3-202) is the most serious assault charge and is a felony.
- Second-degree assault (C.R.S. § 18-3-203) is also a felony.
The degree generally turns on factors like the seriousness of the injury and the defendant’s intent.
Third-degree assault is a misdemeanor
Third-degree assault (C.R.S. § 18-3-204) is a class 1 misdemeanor. Note one important exception: it can become a class 6 felony if the victim is an at-risk person.
For how misdemeanor and felony classes work and which court hears them, see the criminal process, or return to the criminal-defense hub. To get matched with a local Colorado attorney, connect with a lawyer.
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Start your free intakeFrequently asked questions
- What are the degrees of assault in Colorado?
- Three. First-degree assault (C.R.S. § 18-3-202) and second-degree assault (C.R.S. § 18-3-203) are felonies, and third-degree assault (C.R.S. § 18-3-204) is a class 1 misdemeanor.
- Is third-degree assault a felony?
- No — third-degree assault is a class 1 misdemeanor (C.R.S. § 18-3-204). It can become a class 6 felony, however, if the victim is an at-risk person.
- Which assault charge is the most serious?
- First-degree assault (C.R.S. § 18-3-202) is the most serious. The degree turns on factors like the level of injury and the defendant's intent — confirm the current elements and penalties against the statute.
Sources
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