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.
In Colorado, assault is defined under state statutes and is categorized into three degrees. First-degree assault (C.R.S. 18-3-202) is the most serious, involving intentional infliction of serious bodily injury, often with a deadly weapon, and is a class 3 felony. Second-degree assault (C.R.S. 18-3-203) involves intentionally causing bodily injury to another person with a weapon, or causing injury while preventing a peace officer from performing a lawful duty, and is a class 4 felony. Third-degree assault (C.R.S. 18-3-204) is knowingly or recklessly causing bodily injury to another person, or with criminal negligence causing bodily injury with a deadly weapon, and is a class 1 misdemeanor. The presence of fear or apprehension is not a required element for assault charges in Colorado, as it is in some other jurisdictions where assault and battery are distinct crimes. In Colorado, the term 'assault' encompasses what might be considered both assault and battery in other states, with the focus on the actual injury or harm caused, or the attempt to cause such harm.