If you've been charged with assault in Aurora, Colorado, you're likely dealing with serious questions about what happens next, how the legal system works, and what kind of defense you might have. Assault charges in Colorado carry real consequences—including potential jail time, fines, and a criminal record—so understanding your rights and your options is critical right now.
This guide explains what assault charges mean under Colorado law, the penalties you could face, how the criminal defense process works in Aurora, and what to look for when you need a lawyer. Whether you're facing a misdemeanor or felony charge, knowing the facts will help you make informed decisions about your case.
Understanding Assault Charges Under Colorado Law
Colorado defines assault in three degrees, each with different elements and penalties. The degree of assault you're charged with depends on the circumstances of the alleged incident, including whether a weapon was involved, the severity of any injury, and whether the victim was a protected class of person (such as a police officer, teacher, or healthcare worker).
Third-degree assault is the least serious and is typically a misdemeanor. It involves knowingly or recklessly causing bodily injury to another person, or using physical force against someone in a way that causes pain or impairment. Examples include a bar fight where someone sustains minor injuries, or a domestic dispute that results in bruising.
Second-degree assault is a felony. It involves causing serious bodily injury to another person, using a deadly weapon to cause injury, or assaulting certain protected individuals like peace officers or emergency responders. Serious bodily injury means an injury that carries a substantial risk of death, causes serious permanent disfigurement, or results in long-term loss or impairment of a body part or organ.
First-degree assault is the most serious felony assault charge in Colorado. It applies when someone causes serious bodily injury to another person with intent, often using a deadly weapon. It also applies if someone causes serious bodily injury while committing certain other felonies. First-degree assault carries the longest prison sentences and the most severe long-term consequences.
Colorado law also distinguishes between assault and battery, though the terms are sometimes used interchangeably in everyday conversation. Under Colorado's criminal code, "assault" covers both the threat of harm and actual physical contact. Some states have separate statutes for "assault" (threat) and "battery" (contact), but Colorado consolidates these offenses under the assault statute.
Penalties for Assault Convictions in Aurora
The penalties for assault in Colorado depend on the degree of the charge and whether you have prior convictions. Understanding what you're facing can help you evaluate plea offers and make decisions about how to proceed with your defense.
A conviction for third-degree assault, which is typically a class 1 misdemeanor, can result in up to 364 days in county jail and fines up to $1,000. In some cases, third-degree assault can be charged as a class 2 or class 3 misdemeanor, which carry lighter penalties. Courts may also impose probation, community service, anger management classes, or restitution to the victim.
A conviction for second-degree assault depends on whether it's charged as a class 4 felony or a more serious class 3 felony. A class 4 felony can result in two to six years in prison and fines of $2,000 to $500,000. A class 3 felony can result in four to twelve years in prison. If the assault involved a deadly weapon or resulted in injury to a peace officer or other protected person, sentencing can be enhanced.
A conviction for first-degree assault, which is a class 3 felony, typically results in ten to thirty-two years in prison. Because first-degree assault is considered a crime of violence under Colorado law, mandatory sentencing enhancements apply, and judges have limited discretion to reduce sentences below the mandatory minimum.
Beyond jail or prison time, an assault conviction can result in a permanent criminal record that affects your ability to find employment, obtain professional licenses, secure housing, or own firearms. If the assault involved a domestic violence designation, you may face additional restrictions, including mandatory protection orders and loss of gun rights.
Common Defenses to Assault Charges in Colorado
Not every arrest leads to a conviction. Colorado law recognizes several defenses to assault charges, and a criminal defense lawyer will evaluate which defenses apply to your specific situation.
Self-defense is one of the most common defenses to assault charges. Colorado law allows you to use reasonable physical force to defend yourself if you reasonably believe you're in imminent danger of being harmed. The force you use must be proportional to the threat you face. For example, if someone shoves you, you generally can't respond by using a weapon. However, if someone threatens you with a weapon, you may be justified in using significant force to protect yourself. Colorado is a "stand your ground" state for most situations, meaning you generally don't have a duty to retreat before defending yourself, though there are exceptions in specific circumstances.
Defense of others works similarly. You can use reasonable force to protect another person if you reasonably believe that person is in imminent danger of unlawful physical force.
Lack of intent can be a defense if the prosecution cannot prove you acted knowingly, intentionally, or recklessly. For example, if an injury occurred during an accident rather than through deliberate or reckless conduct, you may not meet the legal definition of assault.
Consent may apply in limited situations. If the alleged victim consented to the physical contact—such as in a contact sport—assault charges may not be appropriate. However, consent generally doesn't apply if the contact resulted in serious bodily injury.
False accusation or mistaken identity can also be defenses. In some cases, alleged victims fabricate or exaggerate claims, or law enforcement arrests the wrong person based on unreliable witness statements. A defense lawyer will investigate the evidence, interview witnesses, and look for inconsistencies in the prosecution's case.
The Criminal Defense Process in Aurora
Understanding what happens after you're arrested for assault can help you navigate the process and make informed decisions at each stage.
After your arrest, you'll typically be taken to the Aurora City Jail or the Arapahoe County Detention Facility for booking. Within 48 hours (excluding weekends and holidays), you'll appear before a judge for an advisement hearing. At this hearing, the judge will inform you of the charges, your rights, and set bond. Bond amounts vary depending on the severity of the charge, your criminal history, and whether the court believes you're a flight risk or a danger to the community.
If assault charges involve domestic violence, the judge may issue a mandatory protection order that prevents you from contacting the alleged victim, even if that person is your spouse or lives in your home. Violating a protection order is a separate criminal offense.
After the advisement, the case moves to the pretrial phase. During this time, your lawyer will receive discovery from the prosecution, which includes police reports, witness statements, photos, medical records, and any other evidence. Your lawyer will review this evidence, investigate the facts, and identify weaknesses in the prosecution's case.
In many cases, your lawyer will negotiate with the prosecutor to seek a reduction of charges, a dismissal, or a favorable plea agreement. For example, a second-degree assault charge might be reduced to third-degree assault, or the prosecution might agree to drop charges in exchange for completing a diversion program if you're a first-time offender.
If your case doesn't resolve through negotiation, it will proceed to trial. At trial, the prosecution must prove every element of the assault charge beyond a reasonable doubt. Your lawyer will challenge the prosecution's evidence, cross-examine witnesses, and present your defense. In Colorado, you have the right to a jury trial for most assault charges.
What to Look for in an Assault Defense Lawyer in Aurora
Finding the right lawyer for your assault case is one of the most important decisions you'll make. Not all criminal defense lawyers have the same experience, approach, or track record, so it's worth taking the time to find someone who fits your needs.
Look for a lawyer who regularly handles assault and violent crime cases in Colorado courts. Criminal defense is a broad field, and a lawyer who primarily handles DUIs or drug cases may not have the same depth of experience with assault defenses, self-defense claims, or violent crime sentencing.
Ask about the lawyer's experience in Arapahoe County courts. Local experience matters because lawyers who regularly practice in Aurora and Arapahoe County know the local prosecutors, judges, and court procedures. They understand how cases are typically handled and what strategies are most effective in that jurisdiction.
Discuss the lawyer's approach to your case. Some lawyers are more aggressive and focus on taking cases to trial, while others prioritize negotiation and plea agreements. Neither approach is inherently better—it depends on your situation, the strength of the evidence, and your goals. A good lawyer will explain the pros and cons of each option and let you make an informed decision.
Understand the lawyer's fee structure upfront. Most criminal defense lawyers charge a flat fee for representation through trial, though some charge hourly rates. Ask what the fee covers, whether additional costs (like expert witnesses or investigators) are included, and what happens if your case goes to trial. Don't choose a lawyer based solely on the lowest fee—experience and skill matter more than price when your freedom is at stake.
Finally, trust your instincts. You'll be working closely with this person during a stressful time, so choose someone who listens to you, answers your questions clearly, and makes you feel confident in your defense.
What to Do Immediately After an Assault Arrest in Aurora
The decisions you make in the hours and days after an assault arrest can affect the outcome of your case. Here's what you should do—and what you should avoid.
Exercise your right to remain silent. After your arrest, law enforcement may try to question you. You are not required to answer questions or provide a statement. Politely tell officers that you want to speak with a lawyer and that you're invoking your right to remain silent. Anything you say can and will be used against you, even if you think you're explaining your side of the story or clearing up a misunderstanding.
Do not resist arrest or argue with officers. Even if you believe the arrest is unjust or based on false accusations, resisting or arguing will only make your situation worse. You can challenge the arrest later with the help of a lawyer.
Contact a criminal defense lawyer as soon as possible. The sooner you have legal representation, the better. A lawyer can advise you on how to handle your advisement hearing, begin investigating your case, and start negotiating with the prosecution early in the process.
Do not contact the alleged victim. If the case involves domestic violence or if a protection order has been issued, contacting the alleged victim—even to apologize or explain—is a crime. Violating a protection order can result in additional charges and make your case much harder to defend.
Preserve any evidence that supports your defense. If you have photos, videos, text messages, or witness contact information that could support a self-defense claim or show that the allegations are false, share that information with your lawyer immediately. Don't post about the case on social media or discuss it with anyone other than your lawyer.
Follow all bond conditions. If the court releases you on bond, follow every condition exactly. This may include attending court hearings, staying away from certain people or places, and avoiding alcohol or drugs. Violating bond conditions can result in your bond being revoked and your return to jail while your case is pending.
Finding the Right Defense Lawyer for Your Case
If you're facing an assault charge in Aurora, the next step is finding a qualified criminal defense lawyer who can protect your rights and build a strong defense. Consider scheduling consultations with a few lawyers so you can compare their experience, approach, and fees. Most criminal defense lawyers offer a free or low-cost initial consultation.
During your consultation, ask about the lawyer's experience with assault cases, their familiarity with Arapahoe County courts, and their assessment of your case. Be honest about the facts—your lawyer can't help you if they don't have the full picture.
You can search for Colorado criminal defense lawyers who handle assault cases on our directory at Local Lawyers Colorado. Finding the right lawyer early in the process gives you the best chance of achieving a favorable outcome.
Frequently Asked Questions
What is the difference between assault and battery charges in Aurora, Colorado?
In Colorado, "assault" is the legal term used for both threatening harm and making physical contact that causes injury. Unlike some states that have separate statutes for "assault" (threat) and "battery" (contact), Colorado consolidates these offenses under the assault statute. Colorado law defines assault in three degrees based on the severity of the injury, whether a weapon was used, and the intent behind the act. So if you're charged with assault in Aurora, that charge may cover what other states would call battery—the actual physical contact that caused harm or injury.
How much jail time could I face if convicted of assault in Colorado?
Jail time for an assault conviction in Colorado depends on the degree of the charge. Third-degree assault, typically a class 1 misdemeanor, can result in up to 364 days in county jail. Second-degree assault, usually a felony, can result in two to twelve years in prison depending on whether it's charged as a class 4 or class 3 felony. First-degree assault, the most serious charge, typically results in ten to thirty-two years in prison because it's classified as a crime of violence with mandatory sentencing enhancements. Your actual sentence also depends on factors like your criminal history, the circumstances of the offense, and whether aggravating factors like weapons or injury to a protected person are involved.
Can I get an assault charge dismissed or reduced in Aurora?
Yes, it's possible to get an assault charge dismissed or reduced, depending on the facts of your case and the strength of the evidence against you. Common ways charges are reduced or dismissed include successful self-defense arguments, lack of sufficient evidence to prove the charge beyond a reasonable doubt, false accusations or mistaken identity, or negotiation with the prosecutor for a plea to a lesser charge. First-time offenders may also be eligible for diversion programs that can result in dismissal if you complete certain requirements. A criminal defense lawyer can evaluate your case, identify weaknesses in the prosecution's evidence, and negotiate with the district attorney to seek the best possible outcome.
What should I do immediately after being arrested for assault in Aurora?
Immediately after an assault arrest in Aurora, exercise your right to remain silent and tell officers you want to speak with a lawyer. Do not answer questions or try to explain your side of the story without legal representation—anything you say can be used against you. Do not resist arrest or argue with officers. Contact a criminal defense lawyer as soon as possible, ideally before your advisement hearing. Do not contact the alleged victim, especially if a protection order has been issued, as doing so is a separate crime. Preserve any evidence that supports your defense, such as photos, videos, or witness information, and share it with your lawyer. Finally, follow all bond conditions if you're released, including attending court hearings and avoiding certain people or places.