Loveland 3rd Degree Assault Attorney: What Is Third Degree Assault in Colorado?
Under C.R.S. 18-3-204, Third Degree Assault occurs when a person knowingly or recklessly causes bodily injury to another person, or causes bodily injury through criminal negligence with a deadly weapon. Bodily injury includes physical pain, illness, or any impairment of physical or mental condition, so a visible wound is not always required. It is the least serious assault offense in Colorado, but it is still a criminal charge with real consequences.
Is Third Degree Assault a Felony or Misdemeanor? A Fort Collins Assault Attorney Explains
Third Degree Assault is generally charged as a class 1 misdemeanor. Certain circumstances can change the picture:
- Domestic Violence designation: applies when the alleged victim is a current or former intimate partner, adding protection orders and mandatory treatment
- Assault on a protected person: allegations involving peace officers, emergency responders, or others may be charged as felonies
- Related charges: Harassment, Menacing, or Disorderly Conduct may be filed alongside it
Charged with 3rd Degree Assault in Larimer County? What Penalties Could You Face?
Potential consequences include:
- Jail time: up to 364 days for a class 1 misdemeanor
- Fines: up to $1,000, plus court costs
- Probation: with conditions such as anger management or counseling
- Protection orders: which may bar contact with the alleged victim or remove you from your home
- Criminal record: which can affect employment, housing, and firearm rights
How Are These Cases Handled in Fort Collins?
Cases arising in Fort Collins are prosecuted by the Larimer County District Attorney’s Office, with proceedings at the Larimer County Justice Center. Investigations often involve Fort Collins Police Services, the Larimer County Sheriff’s Office, or Colorado State University police, and evidence may include body camera footage, photographs, medical records, and witness statements.
Frequently Asked Questions About Third Degree Assault
Is Third Degree Assault a felony in Colorado?
Generally no. It is typically a class 1 misdemeanor, though related allegations can be felonies.
Can I be charged if the other person was not seriously hurt?
Yes. Bodily injury includes physical pain, even without a visible mark.
Will Third Degree Assault affect my gun rights?
A conviction can trigger firearm restrictions, especially with a Domestic Violence designation.
Should I talk to police before hiring an attorney?
No. You have the right to remain silent and the right to counsel.
If you’ve been charged with Third Degree Assault, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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