Colorado Springs, CO criminal defense attorney Matt Chaput talks about the difference between misdemeanor and felony assault. He explains that misdemeanor assault in Colorado typically involves minor injuries. The most common charge is third-degree assault, a class 1 misdemeanor, which occurs when an individual knowingly or recklessly causes bodily injury to another. Bodily injury can range from a minor scratch or cut to any situation where the victim experiences pain—for example, punching someone and causing a small scratch would constitute third-degree assault.

Second-degree assault involves more serious conduct and carries greater penalties. This can include intentionally causing serious bodily injury, such as breaking a nose during a physical altercation. In this case, the charge escalates from a class 1 misdemeanor to a class 4 felony, potentially resulting in a Department of Corrections sentence.

Second-degree assault can also arise from the use of a deadly weapon that causes bodily injury. Colorado law defines a wide range of objects as deadly weapons, including items not typically considered dangerous, such as a pipe, in addition to knives, pistols, and similar instruments. Using a deadly weapon in a manner that causes bodily injury can therefore result in a second-degree assault charge.