The Difference Between Misdemeanor and Felony Assault Charges in Colorado
June 30, 2026
The year 2020 has been a long one already. Violence has all but dominated the news cycle in one way or another. It’s not just the news media covering negativity, though. According to Denver’s most recent crime report, assault is up 23 percent in 2020.
Moreover, assault isn’t the only violent crime on the rise, either. Colorado’s rate of aggravated assault is the highest it’s been since 2011. Acts of assault are not only becoming more common, these acts are [...]
A Morgan County man is currently in police custody facing first-degree assault charges for allegedly assaulting a 76-year-old man.
The Morgan County Sheriff’s Office responded to a medical emergency on February 14, but at the scene, officers quickly realized that this victim’s medical emergency wasn’t related to an accident or fall, but rather, he was an assault victim.
If convicted, the defendant could serve 24 years in prison. That’s a far cry from simple assault, which usually is not initially [...]
Every day, there are many instances of assaults taking place across our state. Some of these assaults are more serious than others, and the law has been formulated with this in mind. Commit a more serious assault and you will be subject to more severe penalties.
When an assault is considered “more serious,” it is commonly referred to as an “aggravated” assault. What exactly makes an assault “aggravated,” though? How is it different from a regular assault?
Colorado Aggravated Assault[...]We can all admit that tensions in our country are high right now. No matter who you voted for or what you look like, it’s hard to turn a blind eye to the rising levels of violence through both large-scale and short-scale incidents.
Unfortunately, Colorado has the numbers to prove that hate crimes and other forms of violence are truly more prevalent than in the past.
Data from Colorado law enforcement shows that reports of hate crimes doubled from 2017 [...]
The various “Stand Your Ground” statutes are some of the most controversial laws that exist in the United States. Different states call the different things, but they’re all fairly similar to the law made most famous during the Trayvon Martin shooting in Florida.
Essentially, they allow someone to “stand their ground” and use physical force on a person if they believe that the person is going to cause them physical harm. Supporters of “Stand Your Ground” laws argue that they [...]
Assault charges in Colorado can range from a misdemeanor accusation after a physical confrontation to a serious felony carrying years in prison. The difference usually depends on the alleged intent, the level of injury, whether a weapon was involved, and whether the alleged victim falls into a protected category under Colorado law.
That distinction matters immediately. A misdemeanor assault case may still carry jail time, fines, a permanent criminal record, and collateral consequences for employment, housing, licensing, and your reputation. [...]
A preliminary hearing in a felony case in Colorado is one of the earliest opportunities for the prosecution’s evidence to be tested before a judge. It happens after charges have been filed and the defendant has made an initial appearance, but before the case moves into trial court. The hearing is not about deciding guilt or innocence. Instead, the court is checking whether the prosecution has sufficient evidence to move the case forward.
In Colorado, this stage is often [...]
Only one drug felony level in Colorado carries a true mandatory prison sentence. The other three carry presumptive ranges where a judge still has discretion, meaning the defense strategy in a DF2, DF3, or DF4 case looks completely different from that in a DF1 case. At the Law Office of Jacob Martinez, our Denver drug crimes attorney has spent more than a decade in Denver courts, working to achieve better outcomes for clients facing felony drug charges.
Only One Drug[...]