Third Degree Assault defense in Teller County, Colorado

Third-degree assault under C.R.S. 18-3-204 is a class 1 misdemeanor, the most serious misdemeanor level. Under the two-class misdemeanor structure in effect since March 1, 2022 (C.R.S. 18-1.3-501), a class 1 misdemeanor carries up to 364 days in county jail and a fine of up to $1,000. Third-degree assault is also designated an extraordinary-risk misdemeanor, a label that can affect the top of the range. The charge is frequently filed with a domestic-violence sentence enhancer, which adds a mandatory protection order and treatment conditions even though it does not change the underlying misdemeanor class.

Third Degree Assault cases connected to Teller County are heard in the Teller County District Court, part of the 4th Judicial District.

Teller County falls within the 4th Judicial District, and Third Degree Assault cases there are heard in the Teller County District Court.

Colorado moved to a two-class misdemeanor system for offenses committed on or after March 1, 2022, under C.R.S. 18-1.3-501. A class 1 misdemeanor carries up to 364 days in county jail and a fine of up to $1,000. A class 2 misdemeanor carries up to 120 days and a fine of up to $750. The former three-class scheme, including class 3 misdemeanors, no longer applies to current offenses. Some offenses are also designated extraordinary-risk misdemeanors, which can raise the top of the range. The change reclassified many offenses, so a penalty listed under the old scheme may no longer be correct.

Alexis explains: "Misdemeanor assault is going to be pretty minor injuries. So, the the most common charge we see when it comes to assault in the third degree, a class one misdemeanor, is knowingly or recklessly causing bodily injury to another. Bodily injury in Colorado can be anything from a scrape, a cut to somebody just saying, "I felt pain." That would be an example would be if you punch somebody in the face and they get a scratch. That's going to be assault in the third degree."

Alexis explains: "So for strangulation to be actually charged under the Criminal Code, there has to be that underlying assault. But then the act that is done has to be an act. Sometimes people say choking, but it's actually strangling putting your hands around another person or causing something to cut off airflow to another person."

Alexis explains: "What's crucially important is that if you find yourself unfortunately charged with a strangulation, you need to have a criminal defense attorney that can dig in and determine whether it is actually rising to that level of strangulation to warrant a felony charge. Or whether this is a third degree assault or even a harassment that was wrongly charged because someone gave a keyword like neck."

Right Law Group's guide explains: "The crime is a Class 1 misdemeanor with an extraordinary risk that attracts, at maximum, a sentence of 18 months in jail and/or a maximum fine of $1,000."

Alexis explains: "you need to make sure you have a criminal defense attorney that can parse out what was actually supposed to be charged so that you actually have the justice and the opportunity to fight the charges that you should have been charged with not someone saying well, my neck was involved in some way so automatically, you're facing a felony charge."