Attorney
Reviewed by Ryan Markus, Fort Collins criminal defense attorney and former Colorado State Public Defender.
Assault in the second degree under C.R.S. 18-3-203 covers several kinds of conduct, such as causing bodily injury by means of a deadly weapon with intent to cause bodily injury. Colorado classifies it as a class 4 felony in most cases, a class 6 felony for sudden heat of passion, and a class 3 felony in one situation.
A second degree assault charge can feel out of proportion to a fight that lasted seconds. You don’t have to sort it out alone.
Section 18-3-203 lists ten different ways to commit the crime. Some involve a deadly weapon, serious bodily injury, or drugging someone without consent. Others involve peace officers, firefighters, emergency medical providers, people in custody, or pressure to the neck or blocking the nose or mouth. Every form is a felony, and the class depends on the facts.
In plain terms, the crime is causing injury, or in some forms harmful contact or force, in one of the specific situations the statute lists, with the mental state that situation requires.
These scenarios show events that can lead to a charge under this section. Whether any of them meets the statute depends on the facts and the proof.
- Outside a bar in Old Town, a man swings a broken bottle during an argument and cuts another man’s arm. He is charged under subsection (1)(b), which requires intent to cause bodily injury.
- During an argument at home, a woman puts her forearm across her partner’s neck, and the partner has trouble breathing and is left with a bruised throat. She is charged under subsection (1)(i), about pressure to the neck.
- A man being arrested spits on an officer, intending to harm the officer. He is charged under subsection (1)(h), which covers contact with saliva and other listed fluids.
An experienced criminal defense attorney is extremely important. Immediately interviewing witnesses, collecting surveillance, ordering medical records, and related investigation tasks can be the difference between a dismissal and a prison sentence. Call Markus Law and protect your future, today.
In this article
- What the prosecution must prove
- Common defenses
- Penalties
- Other consequences of a conviction
- Sealing your record
- Related offenses
- Full text of C.R.S. 18-3-203
- Frequently asked questions
1. What the prosecution must prove
The prosecution must prove every element of at least one subsection of C.R.S. 18-3-203(1). Each subsection is different:
- (1)(b): with intent to cause bodily injury to another person, the person causes that injury to any person by means of a deadly weapon.
- (1)(c): with intent to prevent someone the person knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, the person intentionally causes bodily injury to another person.
- (1)(c.5): the same intent, but the list is a peace officer, firefighter, or emergency medical service provider (no emergency medical care provider), and the person intentionally causes serious bodily injury to another person.
- (1)(d): the person recklessly causes serious bodily injury to another person by means of a deadly weapon.
- (1)(e): for a purpose other than lawful medical or therapeutic treatment, the person intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury by administering to the other person, without consent, a drug, substance, or preparation capable of producing the intended harm.
- (1)(f): while lawfully confined or in custody, the person knowingly and violently applies physical force against a listed person (such as a peace officer, firefighter, emergency medical service provider, judge, court officer, or certain detention facility or youth services employees) engaged in the performance of duties, and knows or reasonably should know the victim’s status.
- (1)(f.5): while lawfully confined in a detention facility within this state, the person, with intent to infect, injure, or harm someone the person knows or reasonably should know is an employee of a detention facility, causes that employee to come into contact with listed bodily fluids or a toxic, caustic, or hazardous material.
- (1)(g): with intent to cause bodily injury to another person, the person causes serious bodily injury to that person or another.
- (1)(h): with intent to infect, injure, or harm someone the person knows or reasonably should know is performing duties as a peace officer, firefighter, emergency medical care provider, or emergency medical service provider, the person causes that person to come into contact with blood, saliva, or other listed fluids, or a toxic, caustic, or hazardous material.
- (1)(i): with intent to cause bodily injury, the person applies sufficient pressure to impede or restrict breathing or blood circulation by pressure to the neck or by blocking the nose or mouth, and thereby causes bodily injury.
Intentionally / with intent
Your conscious objective is to cause the specific result the statute prohibits (C.R.S. 18-1-501(5)).
Recklessly
You consciously disregard a substantial and unjustifiable risk that a result will occur or a circumstance exists (C.R.S. 18-1-501(8)).
Knowingly
You are aware your conduct is of that nature or that the circumstance exists (C.R.S. 18-1-501(6)).
Bodily injury
Physical pain, illness, or any impairment of physical or mental condition. Pain alone counts (C.R.S. 18-1-901(3)(c)).
Serious bodily injury
Bodily injury involving a substantial risk of death, serious permanent disfigurement, or long-term loss or impairment of a body part or organ, plus breaks, fractures, penetrating knife or gunshot wounds, and second- or third-degree burns (C.R.S. 18-1-901(3)(p)).
Deadly weapon
A firearm, loaded or unloaded, or any knife, bludgeon, or other object capable of producing death or serious bodily injury in the way it is used or intended to be used (C.R.S. 18-1-901(3)(e)).
2. Common defenses
Self-defense or defense of another
Colorado law allows physical force against what you reasonably believe is the use or imminent use of unlawful physical force, using only the degree of force you reasonably believe is necessary (C.R.S. 18-1-704). For most crimes, once some credible evidence raises it, the prosecution must prove beyond a reasonable doubt that you did not act in self-defense. For the recklessness form in (1)(d), it is not an affirmative defense, though the evidence can still bear on whether you acted recklessly (C.R.S. 18-1-704(4)).
No intent to cause the required result
Most subsections require intent, a conscious objective to cause a specific result, such as bodily injury or preventing a lawful duty. The prosecution must prove that mental state beyond a reasonable doubt. An accidental injury does not meet it.
No deadly weapon, or no serious bodily injury
Where a subsection requires it, the prosecution must prove the object was capable of producing death or serious bodily injury in the way it was used or intended to be used, or that the injury meets the statutory definition.
The victim’s role
Subsections (1)(c), (1)(c.5), (1)(f), (1)(f.5), and (1)(h) require proof about the victim’s role, and the knowledge element differs between them. Whether you knew or should have known who the person was, and that the person was performing a duty, can be at issue.
Identity and the facts
The prosecution must prove you were the person who acted and that the conduct matches the subsection charged. Video, witness accounts, and medical records can all be reviewed. You can contact us to talk through what the evidence shows.
When a fight begins as self-defense, it’s extremely important to interview witnesses and record injuries while everything is fresh. The difference between a non-filed self-defense case and a criminal conviction can occur in the first few hours. Markus Law will ensure that any investigation is prompt and thorough.
3. Penalties
The classification depends on the circumstances, under C.R.S. 18-3-203(2). Ranges are from C.R.S. 18-1.3-401.
- Class 4 felony (subsection (2)(b)), when the heat-of-passion and class 3 circumstances are not present: up to 4 to 12 years in prison when it’s under subsection (1)(b), (1)(c.5), (1)(d), or (1)(g). Otherwise, it’s a 2 to 6 year open sentence with a fine of $2,000 to $500,000; 3 years mandatory parole.
- Class 6 felony (subsection (2)(a)), when the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard: 12 to 18 months in prison; fine $1,000 to $100,000; 1 year mandatory parole. Under (2)(d), an act resulting solely from discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation is not sudden heat of passion.
- Class 3 felony (subsection (2)(b.5)), when the person who is assaulted, other than a participant in the crime, suffers serious bodily injury during the commission, attempted commission, or flight from the commission or attempted commission of murder, robbery, arson, burglary, escape, kidnapping in the first degree, sexual assault, or certain other sexual assault offenses listed there: 4 to 12 years in prison fine $3,000 to $750,000; 3 years mandatory parole. If it falls under subsections (1)(b), (1)(c.5), (1)(d), or (1)(g), then the sentencing range increases to 8 to 24 years.
Under (2)(c)(II), a conviction under (1)(b), (1)(c.5), (1)(d), or (1)(g) is sentenced under C.R.S. 18-1.3-406 (the crime of violence statute), but the court is not required to impose a mandatory prison term. Under (2)(c)(III), a (1)(i) conviction is sentenced under 18-1.3-406 when the defendant was previously convicted of (1)(i) assault on charges separately brought and tried before the present act, and the prior conviction must be set forth in the charging document.
Strangulation under (1)(i) is also an extraordinary-risk crime, which raises the top of the class 4 range from 6 to 8 years.
A sentence under (1)(f) must be served in the department of corrections and run consecutively with any sentences being served, except when the victim is employed by the youth services division of the department of human services, where probation or a suspended sentence may be granted.
4. Other consequences of a conviction
A felony conviction can carry effects beyond the sentence.
- Domestic violence: domestic violence is a label added to another crime, not a separate charge. If the court finds on the record that the facts include an act of domestic violence under C.R.S. 18-6-800.3(1), the court shall order a treatment evaluation and treatment program (C.R.S. 18-6-801(1)(a)), unless the sentence is to the department of corrections (18-6-801(2)). A plea to an offense without the designation generally requires the prosecutor’s good faith representation described in 18-6-801(3).
- Firearms: under 18 U.S.C. 922(g)(1), a person convicted of a crime punishable by more than one year in prison may not possess a firearm or ammunition, which covers every Colorado felony. Colorado separately addresses firearm possession after felonies that are crimes with victim rights, which include felony assault.
- Immigration: any charge, plea, or conviction may have immigration consequences for someone who is not a United States citizen, including a lawful permanent resident. Tell your attorney before accepting any plea.
5. Sealing your record
Sealing hides a record from the public but does not erase a conviction. Courts, police, prosecutors, and agencies required by law to run a background check can still see it.
A second degree assault conviction cannot be sealed, because every form is a felony that is a crime with victim rights under C.R.S. 24-4.1-302.
If the case ends with a dismissal, an acquittal on every count, or a completed deferred judgment with all counts dismissed, the law requires the court to seal the record on its own. Courts do not always do this; an experienced criminal defense attorney can make sure it happens.
A deferred judgment is an agreement in which you plead guilty but the court does not enter a conviction, lasting up to four years for a felony, with written consent from you, your attorney, and the prosecutor (C.R.S. 18-1.3-102). If you complete the conditions, the charge is dismissed. If the prosecution proves by a preponderance of the evidence that you broke a condition, the court enters the conviction and sentences you on the plea. The plea can still matter for immigration, federal firearms law, and professional licensing.
6. Related offenses
| Offense | C.R.S. | What it covers | Level |
| Assault in the first degree | C.R.S. 18-3-202 | Assault in the first degree | Class 5 felony or class 3 felony, depending on the facts |
| Assault in the third degree | C.R.S. 18-3-204 | Assault in the third degree | Class 1 misdemeanor |
| Vehicular assault | C.R.S. 18-3-205 | Vehicular assault | Class 5 felony or class 4 felony, depending on the facts |
| Menacing | C.R.S. 18-3-206 | Menacing | Class 1 misdemeanor or class 5 felony, depending on the facts |
| Reckless endangerment | C.R.S. 18-3-208 | Reckless endangerment | Class 2 misdemeanor |
7. Full text of C.R.S. 18-3-203
(1) A person commits the crime of assault in the second degree if:
(a) Repealed.
(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
(c) With intent to prevent one whom the person knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, the person intentionally causes bodily injury to another person; or
(c.5) With intent to prevent one whom the person knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, the person intentionally causes serious bodily injury to another person; or
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or
(e) For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or
(f) While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or, while lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child, he or she knowingly and violently applies physical force against a person engaged in the performance of his or her duties while employed by or under contract with a detention facility, as defined in section 18-8-203 (3), or while employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender; except that, if the offense is committed against a person employed by the division in the department of human services responsible for youth services, the court may grant probation or a suspended sentence in whole or in part, and the sentence may run concurrently or consecutively with any sentences being served. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203 (3), and who is required to report back to the detention facility at a specified time is deemed to be in custody.
(f.5) (I) While lawfully confined in a detention facility within this state, an actor with intent to infect, injure, or harm a person in a detention facility whom the actor knows or reasonably should know to be an employee of a detention facility, causes such employee to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including, but not limited to, throwing, tossing, or expelling such fluid or material.
(II) Repealed.
(III) (A) As used in this paragraph (f.5), “detention facility” means any building, structure, enclosure, vehicle, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the authority of the state of Colorado or any political subdivision of the state of Colorado.
(B) As used in this paragraph (f.5), “employee of a detention facility” includes employees of the department of corrections, employees of any agency or person operating a detention facility, law enforcement personnel, and any other persons who are present in or in the vicinity of a detention facility and are performing services for a detention facility. “Employee of a detention facility” does not include a person lawfully confined in a detention facility.
(g) With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another; or
(h) With intent to infect, injure, or harm another person whom the actor knows or reasonably should know to be engaged in the performance of his or her duties as a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, he or she causes such person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including by throwing, tossing, or expelling such fluid or material; or
(i) With the intent to cause bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury.
(2) (a) If assault in the second degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 6 felony.
(b) If assault in the second degree is committed without the circumstances provided in paragraph (a) of this subsection (2), it is a class 4 felony.
(b.5) Assault in the second degree by any person under subsection (1) of this section without the circumstances provided in paragraph (a) of this subsection (2) is a class 3 felony if the person who is assaulted, other than a participant in the crime, suffered serious bodily injury during the commission or attempted commission of or flight from the commission or attempted commission of murder, robbery, arson, burglary, escape, kidnapping in the first degree, sexual assault, sexual assault in the first or second degree as such offenses existed prior to July 1, 2000, or class 3 felony sexual assault on a child.
(c) (I) If a defendant is convicted of assault in the second degree pursuant to subsection (2)(b.5) of this section, except with respect to sexual assault or sexual assault in the first degree as it existed prior to July 1, 2000, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406. A defendant convicted of assault in the second degree pursuant to paragraph (b.5) of this subsection (2) with respect to sexual assault or sexual assault in the first degree as it existed prior to July 1, 2000, shall be sentenced in accordance with section 18-1.3-401 (8)(e) or (8)(e.5).
(II) If a defendant is convicted of assault in the second degree pursuant to subsection (1)(b), (1)(c.5), (1)(d), or (1)(g) of this section, the court shall sentence the defendant in accordance with section 18-1.3-406; except that, notwithstanding the provisions of section 18-1.3-406, the court is not required to sentence the defendant to the department of corrections for a mandatory term of incarceration.
(III) When a defendant is convicted of assault in the second degree pursuant to subsection (1)(i) of this section and has been previously convicted of charges, which were separately brought and tried prior to the commission of the present act, for assault in the second degree pursuant to subsection (1)(i) of this section, a court shall sentence the defendant in accordance with section 18-1.3-406. A previous conviction must be set forth in the complaint, indictment, or information for the present act.
(d) For purposes of determining sudden heat of passion pursuant to subsection (2)(a) of this section, a defendant’s act does not constitute an act performed upon a sudden heat of passion if it results solely from the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including but not limited to under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant.
(3) Repealed.
Source: C.R.S. § 18-3-203 (2026). Statute text current through the 2026 legislative session.
8. Frequently asked questions
Is second degree assault always a felony in Colorado?
Under C.R.S. 18-3-203(2), every form is a felony: class 4 in most cases, class 6 for the sudden heat of passion circumstances in (2)(a), and class 3 in the circumstances in (2)(b.5).
Do I have to have used a weapon to be charged?
Not under every subsection. A deadly weapon is an element of (1)(b) and (1)(d). Other subsections involve serious bodily injury, pressure to the neck or blocking the nose or mouth, administering a drug without consent, or specific victims such as peace officers, each with its own requirements.
It is often the case that with well-prepared investigation and mitigation, a second degree assault case can be reduced to a misdemeanor third degree assault.
What is the difference between second and third degree assault?
Third degree assault (C.R.S. 18-3-204) is a class 1 misdemeanor; second degree assault is a felony. The statutes describe different conduct and mental states. You can schedule a confidential consultation to compare the two sections against the allegations.
It is often the case that with well-prepared investigation and mitigation, a second degree assault case can be reduced to a misdemeanor third degree assault. The difference between a felony and a misdemeanor can have life-long consequences.
Can I claim self-defense?
Possibly. Colorado law lets you use physical force against what you reasonably believe is unlawful physical force, using only the degree you reasonably believe is necessary (C.R.S. 18-1-704). It is not available if, for example, you provoked the other person intending to hurt them, or were the initial aggressor unless you clearly withdrew and they kept going.
Will a conviction affect my right to own a firearm?
A felony conviction triggers the federal firearm ban under 18 U.S.C. 922(g)(1). If the court also finds domestic violence, C.R.S. 18-6-801(8) requires additional firearm orders. An experienced defense attorney can help you work through how these rules apply to you.
Talk with Markus Legal about your charge
If you or someone you love is facing a second degree assault charge in Fort Collins or Larimer County, contact Markus Legal at 970.698.5334 to set up a confidential consultation with attorney Ryan Markus. You can ask questions and learn where you stand.
This article provides general information about Colorado law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change; consult an attorney about your specific situation. Attorney Advertising.