What’s the Longest You Can Go to Jail for Simple Assault in Colorado?
In Colorado, a conviction for simple assault can result in up to 18 months in jail and a fine of up to $5,000, depending on the severity of the charge.
Facing Assault Charges In Colorado
Fighting a Colorado assault charge can feel overwhelming. The legal language is complex, and the consequences—even for simple assault—can be life-changing. From jail time and criminal records to damage to your reputation, the impact is real. But understanding the laws and your rights is the first step to protecting your future.
Understanding Simple Assault Under Colorado Law
In Colorado, simple assault falls under misdemeanor assault, often involving physical contact that causes bodily injury or an attempt to cause harm.
Types of Simple Assault in Colorado:
- Third-degree assault – Most common form of simple assault
- Attempted assault – No actual harm caused, but intent was present
- Physical altercation without injury – Still chargeable if intent or fear is provable
Key Legal Definition:
“Assault in the third degree occurs when a person knowingly or recklessly causes bodily injury to another person.” – C.R.S. § 18-3-204
Maximum Jail Time for Simple Assault in Colorado
A conviction for third-degree assault (a common simple assault charge) is classified as a Class 1 misdemeanor.
Jail Time:
- Maximum Jail Sentence: Up to 18 months
- Minimum Sentence: Possible probation or time served for first-time offenders
Fines:
- Up to $5,000 in criminal fines
⚖️ Other Legal Penalties:
- Mandatory anger management classes
- Domestic violence treatment if applicable
- Protective orders or no-contact restrictions
- Loss of gun rights in DV-related convictions
Key Takeaways:
- Simple assault can lead to jail, even without serious injuries
- Charges escalate quickly if domestic violence is involved
- Judges may impose alternative sentencing for non-violent or first-time offenders
What Factors Influence Sentencing?
Sentencing isn’t black and white. The outcome often depends on the details of the case and whether a skilled Colorado criminal defense attorney is involved.
Common Influencing Factors:
- Severity of injuries (if any)
- Victim’s relationship to the accused (DV = higher penalty)
- Defendant’s criminal history
- Willingness to accept a plea bargain
- Conduct during arrest or trial
Probation vs. Jail:
- First-time offender? You may qualify for probation or diversion programs
- Repeat offender? Jail time is far more likely
“Colorado courts take assault charges seriously, but leniency is possible when the defendant demonstrates remorse and has no prior record.” – Colorado Springs Criminal Defense, LLC
Is Domestic Violence a Factor?
In Colorado, assault charges involving domestic violence carry enhanced penalties. Even verbal threats can qualify as assault under DV context.
Domestic Violence Add-On:
- Not a separate charge, but a sentence enhancer
- May require mandatory arrest (no discretion by officers)
- Treatment program required by law
- Could impact custody rights, housing, employment
Consequences of DV-Linked Assault:
- No-contact order with alleged victim
- Loss of firearm rights under federal law
- Higher likelihood of jail over probation
Navigating the Legal System in Colorado
Facing assault charges? You’ll be dealing with county courts, district courts, and possibly municipal courts—depending on where the incident occurred.
Legal Process Overview:
- Arrest and booking
- Bond hearing
- Arraignment – Enter plea
- Pre-trial conferences – Possible plea deals
- Trial (if no plea accepted)
- Sentencing
Plea Bargains:
Accepting a plea bargain can reduce jail time or reclassify charges to non-violent offenses. A local criminal defense attorney can negotiate favorable terms.
Why Hiring a Colorado Criminal Defense Attorney Matters
An experienced attorney is your best chance at reducing or avoiding jail time. At Colorado Springs Criminal Defense, LLC, we bring:
- ✅ Decades of courtroom experience
- ✅ Tailored defense strategies
- ✅ Local knowledge of Colorado Springs courts
- ✅ Client-first communication
Our Firm Offers:
- Free consultations
- Flexible payment options
- Strong trial representation
- Post-conviction help, including expungement
Penalties Beyond Jail Time
Even if you avoid jail, a criminal record can have long-term effects:
Long-Term Impacts:
- Employment background checks
- Loss of professional licenses
- Difficulty renting housing
- Firearm bans (DV cases)
✅ Key Takeaways
- Maximum jail time for simple assault: 18 months
- First-time offenders may receive probation
- Charges are worse with domestic violence allegations
- A plea bargain can lower or drop charges
- Always consult a Colorado criminal defense attorney
❓ Frequently Asked Questions (FAQ)
Can I go to jail for pushing someone in Colorado?
Yes. If the push causes pain or injury, it may be classified as third-degree assault, even if minor.
What if it was self-defense?
Self-defense is a valid legal defense. You must prove reasonable belief of imminent harm.
Is assault a felony in Colorado?
Not always. Simple assault is usually a misdemeanor, but can escalate to a felony with weapons, serious injury, or DV.
Can a victim drop assault charges?
No. Only the district attorney can drop charges, not the alleged victim.
How long does an assault case take?
Typically 2–6 months depending on complexity, plea deals, or if it goes to trial.
Contact Colorado Springs Criminal Defense, LLC
Colorado Springs Criminal Defense, LLC
10 Boulder Crescent St #301, Colorado Springs, CO 80903
(719) 578-3344
Visit Our Website
