Charged with Third Degree Assault in Larimer County, Colorado?

Being charged with Third Degree Assault in Larimer County can be overwhelming. Although the offense is typically classified as a misdemeanor, a conviction can result in jail time, fines, probation, and a permanent criminal record. If you were arrested anywhere in Larimer County or one of its surrounding cities, understanding how Colorado law applies to your situation, and acting quickly, is critical.

Fort Collins 3^rd Degree Assault Attorney: What Is Third Degree Assault Under Colorado Law?

Third Degree Assault is charged under Colorado Revised Statutes 18-3-204. Under this statute, a person commits 3^rd Degree Assault if they knowingly or recklessly cause bodily injury to another person. A person can also be charged if they cause bodily injury through criminal negligence while using a deadly weapon.

Colorado law defines “bodily injury” broadly. It includes physical pain, illness, or any impairment of a person’s physical or mental condition. Importantly, the injury does not have to be severe. Even relatively minor pain can satisfy the legal definition required for the charge.

Is Third Degree Assault a Felony or a Misdemeanor?

In most situations, Third Degree Assault is charged as a class 1 misdemeanor. A conviction can carry penalties of up to 364 days in jail, fines of up to $1,000, probation supervision, and court-ordered conditions. If the case involves a Domestic Violence designation, the court will also require domestic violence treatment and compliance with strict protection orders. The charge may be treated more seriously if the alleged victim is a peace officer, firefighter, emergency medical provider, or other protected professional performing official duties at the time of the incident.

Common Situations That Lead to Third Degree Assault Charges in Loveland

In Loveland and Larimer County, Third Degree Assault charges frequently arise out of emotionally charged situations. Domestic arguments that escalate into physical contact are one of the most common scenarios. Bar fights and altercations, particularly in areas like Old Town Fort Collins, also lead to arrests. Disputes between roommates, road rage incidents, workplace conflicts, and college-related altercations involving students at Colorado State University regularly result in misdemeanor assault filings.

In many cases, alcohol plays a role, and officers must make quick decisions based largely on statements made at the scene. Once an arrest is made, however, the case proceeds through the criminal justice system regardless of heightened emotions or later regret.

Lawyer for Domestic Violence and Third Degree Assault Charges

If the alleged victim is a current or former spouse, dating partner, co-parent, or someone with whom you share an intimate relationship, the charge will likely include a Domestic Violence designation. This designation significantly impacts how the case is handled. A Domestic Violence enhancer results in mandatory protection orders that can prevent contact with the alleged victim, firearm restrictions that may prohibit possession of weapons, and court-ordered evaluations followed by monitored treatment. Even if the alleged victim later asks for the case to be dismissed, the decision to proceed belongs entirely to the prosecutor.