What to Know If You’re Facing Third Degree Assault Charges in Fort Collins, Loveland, Estes Park, Windsor, or Surrounding Communities
Domestic Violence and Assault allegations are taken extremely seriously throughout Colorado, and Larimer County is no exception. Whether an arrest happens in Fort Collins, Loveland, Estes Park, Windsor, Timnath, Berthoud, Wellington, Red Feather Lakes, Laporte, or any of the county’s unincorporated areas, the consequences start immediately and they can reshape your life overnight.
As Larimer County criminal defense attorneys , we represent individuals who find themselves pulled into the system after an argument escalates, a neighbor calls the police, or a misunderstanding results in accusations.
How Third Degree Assault Is Defined in Colorado
Under C.R.S. § 18-3-204, Third Degree Assault occurs when someone:
- Knowingly or recklessly causes bodily injury to another, OR
- Acts with criminal negligence using a deadly weapon, causing bodily injury.
In Larimer County, this is one of the most commonly charged offenses in domestic-related situations.
Key things to understand:
- “Bodily injury” means any physical pain.
A simple scratch, redness, or momentary discomfort can meet this requirement. Police often err on the side of arrest because the legal threshold is so low. - Intent is not required.
Recklessness, or in some cases negligence, is enough for a charge. - It’s a Class 1 Misdemeanor
This means exposure to:- Up to 364 days in the Larimer County Jail, and
- Fines up to $1,000
Even as a misdemeanor, Third Degree Assault can lead to real jail time, especially when paired with a domestic-violence designation.
What Domestic Violence Means in Larimer County Cases
In Colorado, Domestic Violence is not a separate charge. It’s a sentencing enhancer added to an underlying crime (such as Third Degree Assault, Harassment, Criminal Mischief, or Obstruction of Telephone Service).
A DV designation applies when the alleged victim is:
- A spouse or ex-spouse
- Someone you have or had an intimate relationship with
- A dating partner
- Someone you lived with (or formerly lived with)
- A co-parent
When DV is alleged in Larimer County, several things happen immediately:
- Mandatory arrest
If Fort Collins Police Services, Loveland PD, Estes Park PD, CSU Police, or the Larimer County Sheriff’s Office believe probable cause exists, they must arrest someone, even if no one wants to press charges. - Mandatory protection order
At your first appearance in Larimer County Court in Fort Collins, the judge will issue a criminal protection order.
This often means:- No contact
- No return to the shared residence
- No communication, even about kids or property, unless the order is modified
- Required DV treatment upon conviction
Colorado requires anyone convicted of a DV offense to complete state certified Domestic Violence treatment, which may last months or longer. - Firearm restrictions
A DV conviction can permanently affect your ability to possess firearms, regardless of whether the underlying crime was a misdemeanor.
Where Third Degree Assault & DV Cases Are Handled in Larimer County
Most misdemeanor level Domestic Violence and Assault charges are heard at the:
Larimer County Justice Center
201 LaPorte Ave.
Fort Collins, CO
Depending on where the arrest happened, cases may also begin in:
- Fort Collins Municipal Court
- Loveland Municipal Court
- Estes Park Municipal Court
- Windsor Municipal Court
- Berthoud Municipal Court
Occasionally municipal cases are “DV-related” and can still lead to harsh penalties and mandatory treatment requirements.
Why You Need a Local Larimer County Defense Attorney
Larimer County Courts have their own procedures, judicial preferences, and local practices. A criminal defense lawyer familiar with:
- Local judges
- Prosecutors
- Probation officers
- The local DV treatment providers
…can often negotiate better results, protect your rights more effectively, and help you navigate the system with fewer surprises.
Domestic Violence and Assault allegations can affect:
- Employment
- Child custody
- Housing
- Firearm rights
- Professional licenses
- Immigration status
Early representation can make a significant difference in both the outcome and the stress of the process.
Charged with Third Degree Assault or Domestic Violence in Larimer County?
Whether your arrest happened in Fort Collins, Loveland, Wellington, Windsor, Timnath, Berthoud, Estes Park, or anywhere else in Larimer County, you don’t have to go through it alone.