The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.
The crime of assault with a deadly weapon (also known as aggravated assault) occurs when someone uses a deadly weapon (gun, knife, club, tire iron, brass knuckles, etc.) during an assault.
In Colorado, assault is categorized into three degrees. First-degree assault, which is a class 3 felony, involves causing serious bodily injury intentionally or with extreme indifference, or using a deadly weapon to threaten a police officer or firefighter. Second-degree assault, a class 4 felony, includes causing bodily injury with a deadly weapon or with intent to cause serious bodily injury. Third-degree assault, a class 1 misdemeanor, involves knowingly or recklessly causing bodily injury. Assault with a deadly weapon, typically falling under first or second-degree assault, is considered aggravated assault and carries more severe penalties. The presence of a deadly weapon during an assault elevates the severity of the charge due to the increased potential for significant harm. Colorado law defines a deadly weapon as any object capable of producing death or serious bodily injury, including firearms, knives, and other objects used in a manner to cause such harm.