Third Degree Assault in Colorado – CRS § 18-3-204

In Colorado, third-degree assault is the least serious assault crime after first-degree and second-degree. Under CRS § 18-3-204, third-degree assault is the knowing, reckless, or criminally negligent infliction of injuries, including physical pain.

Third-degree assault in Colorado is an extraordinary risk class 1 misdemeanor punishable by up to 18 months in jail and/or fines of up to $1,000. Convictions can carry enhanced consequences if done in the context of domestic violence.

Examples of 3rd-degree assault include:

• Amy walks while texting, and in her distraction she collides with another pedestrian.
• Todd throws a baseball towards Fred, which bruises his arm.
• Tara shows her friend her pistol, which Tara wrongly thinks is unloaded. Tara gestures wildly, causing the gun to go off. The bullet grazes her friend.

In this article, our Denver criminal defense attorneys will address the following key issues regarding third-degree assault in Colorado.

• 1. Elements of CRS 18-3-204
• 2. Defenses
• 3. Record Seals
• 4. Related Crimes
• Frequently Asked Questions
• Additional Reading

1. Elements of CRS 18-3-204

In Colorado, third-degree assault is either:

• knowingly or recklessly causing bodily injury to another person or
• with criminal negligence, causing bodily injury to another person by means of a deadly weapon.

We discuss these elements in detail below.

“Bodily Injury” Meaning

Third-degree assault charges under CRS 18-3-204 involve bodily injuries, but not serious bodily injuries. Serious bodily injuries include:

• Broken or fractured bones,
• Second-degree or third-degree burns,
• A substantial risk of death,
• Serious and permanent disfigurements,
• Loss of a body part, and
• A long-term loss of body function.¹

If the injuries are this serious, an assault can be charged in the second or even the first degree. When the injuries are not this serious, the assault would be charged in the third degree.

“Knowingly” Meaning

CRS 18-3-204 prohibits knowingly causing an injury to someone else. This means you were aware that what you were doing was “practically certain to cause the result.”²

Doing something knowingly falls short of doing it intentionally. However, it is more serious than just taking a heedless risk.

Example: Danielle is angry at her workers. She throws her office chair out her window on the third floor. Jeff is walking by on the sidewalk. He gets hit but only suffers a bruised shoulder.

“Recklessly” Meaning

CRS 18-3-204 also prohibits recklessly causing an injury. Reckless conduct means consciously disregarding the substantial risk that a specific result will happen.³

If you are acting recklessly, you are aware of the dangers of what you are about to do. However, you choose to ignore those dangers.

Example: Bob is late to work and careens down his driveway at 30 miles per hour. He is unable to stop before hitting Lucy, who was jogging on the sidewalk.

“Criminal Negligence” Meaning

In Colorado, hurting someone with criminal negligence is third-degree assault if it is done with a deadly weapon.

Criminal negligence is the failure to perceive the substantial risk that a certain result will occur. This failure to notice the risk has to be a “gross deviation” from what a reasonable person would notice.⁴

Criminal negligence is worse than just acting negligently or by accident. Criminal negligence includes a nearly blind ignorance to the risks.

Example: Ralph is at the shooting range. He starts shooting his rifle into the air to see if he can hit a cloud. One of the bullets grazes Beatrice’s arm in the next town.

Note that deadly weapons comprise guns, knives, or any other object capable of killing or inflicting substantial bodily harm such as a brick, pipe, shattered glass, etc.

It may be possible to get probation in lieu of jail for 3rd-degree assault.

2. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with assault. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting CRS 18-3-204 charges reduced or dismissed.

1) Self-Defense

Self-defense or the defense of others is a common defense to assault in the third degree. Proving that the assault was done in self-defense requires showing that:

• You thought the other person was about to use unlawful force against you or someone else, and
• You used as much force as you thought was necessary to protect yourself or someone else.

Both of those thoughts need to be reasonable for a self-defense claim to work.

2) Accident

An accident is a defense to third-degree assault charges as long as your behavior that caused the accident was not knowing, reckless, or criminally negligent. Accident is a useful defense because there is no way for prosecutors to get inside of your head and know what you were thinking.

Typical evidence in these cases includes surveillance video, eyewitness accounts, and medical records.

3) False Accusations

We have seen many cases where people were falsely accused of third-degree assault by someone out of:

• anger,
• revenge,
• a misunderstanding, or
• an effort to gain leverage in a contentious divorce or child custody case.

In these cases, we pore over the accuser’s recorded communications in search of an ulterior motive to falsely accuse you. The D.A. may then be forced to drop your charge (and then prosecute your accuser for filing a false report.)

Third-degree assault involves knowingly, recklessly, or negligently causing a bodily injury.

3. Record Seals

In Colorado, you can get a criminal record seal of a third-degree assault conviction three years after the case ends. Though if your case gets dismissed, then there is no waiting period to petition for a seal.⁵

4. Related Crimes

The following table compares the elements and penalties of all of Colorado’s assault crimes:

Note that assault is often confused with the Colorado crime of menacing. Menacing is knowingly making someone fear they are about to suffer a serious injury, such as holding a fist up to someone’s face.⁶

Self-defense is a common defense to assault charges.

Frequently Asked Questions

What’s the difference between third-degree assault and more serious assault charges?

Third-degree assault involves bodily injury that causes physical pain but isn’t serious. More serious assault charges (first and second-degree) involve severe injuries like broken bones, burns, permanent disfigurement, or loss of body parts. The more severe the injury, the higher the assault degree and penalties.

How long could I go to jail for third-degree assault in Colorado?

Third-degree assault is a class 1 misdemeanor punishable by up to 18 months in jail and/or fines up to $1,000. However, you may be able to get probation instead of jail time, and the penalties can be enhanced if domestic violence is involved.

Can I be charged with third-degree assault even if I did not mean to hurt someone?

Yes. You can be charged if you acted knowingly (aware your actions would likely cause injury), recklessly (ignoring obvious risks), or with criminal negligence (failing to notice substantial risks when using a deadly weapon). Even accidental harm can lead to charges if your behavior was careless enough.

When can I get my third-degree assault conviction sealed from my record?

You can petition to seal a third-degree assault conviction three years after your case ends. However, if your case gets dismissed (charges dropped), there’s no waiting period and you can petition for a seal immediately.

Additional Reading

For more in-depth information, refer to these informational articles:

• Assault and Battery by the Reckless Motorist – American Institute of Criminal Law & Criminology.
• Not So Simple: How Simple Assault and Battery Became Distorted in the Context of Crimes Involving Moral Turpitude – Washburn Law Journal.
• Battery without Assault – Army Law.
• Assault and Battery (Wife vs. Husband) – University Law Review.
• Provocation–Assault and Battery as Sufficient Provocation to Reduce an Intentional Homicide to Manslaughter – Kentucky Law Journal.

Legal References: