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Colorado Assault & Menacing Attorneys

Assault is generally defined as knowingly or recklessly causing bodily injury to another person and is known as battery in common law. In Colorado, there are different classifications of assault depending on the circumstances. Menacing is defined as knowingly causing another person fear of imminent serious bodily injury through a threat or physical action. If you are facing charges for assault or menacing, seek the immediate defense of Jorgensen, Brownell & Pepin, P.C. Our Colorado criminal defense lawyers have 30 years of experience.

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First-Degree Assault

First degree assault is the most serious assault charge, and can be charged under a number of circumstances. For example, a person can be charged with first degree assault when a person intentionally causes serious bodily injury to another person by use of a deadly weapon or intentionally causes, or threatens to cause, serious bodily injury to a peace officer, a firefighter, or emergency medical personnel, and knows or reasonable should have known the victim was a peace officer, firefighter, or emergency medical personnel. Assault in the first degree is most often a Class 3 felony. It is also considered a crime of violence meaning the judge must sentence the defendant more severely than other Class 3 felonies.

Second-Degree Assault

Second degree assault is less severe than first degree assault, but can also be charged in a number of circumstances. When, for example, a person intentionally or even recklessly causes bodily injury to another person and does so with a deadly weapon, or if they intentionally cause serious bodily injury (even without a deadly weapon), second degree assault may be charged. Assault in the second degree is most often a Class 4 felony. It is also considered a crime of violence meaning the judge must sentence the defendant more severely than other Class 3 felonies.

Third-Degree Assault

Third degree assault is most often charged when a person knowingly or recklessly causes bodily injury to another person or negligently causes bodily injury to another person by means of a deadly weapon. Third degree assault is a Class 1 misdemeanor.

Vehicular Assault

A person commits vehicular assault if they operate a vehicle in a reckless manner that causes serious bodily injury to another. If a person operates a vehicle under the influence of alcohol or drugs and causes serious bodily injury, they can also be charged with vehicular assault. Depending on the circumstances, vehicular assault is either a Class 4 or 5 felony.


A person commits the crime of menacing if they threaten or use physical action to knowingly place another person in fear of imminent bodily injury. Menacing is a Class 3 misdemeanor but can be elevated to a Class 5 felony if committed by the use of a deadly weapon, or making someone believe they have a deadly weapon.

Assault and menacing charges are very serious and carry very significant penalties. Our skilled and experienced criminal defense attorneys at Jorgensen, Brownell & Pepin, P.C. can help answer your questions and vigorously defend against any assault or menacing charge.

For hard-hitting criminal defense, contact us without delay.

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