Colorado’s Assault Law Just Changed: What Defendants Need to Know in 2026
A new Colorado law makes prior convictions especially important in certain second-degree assault-by-strangulation cases. If you are accused of assault, the exact charge—and your criminal history—can significantly affect what is at stake.
Colorado’s criminal laws are constantly evolving, and one of the important changes for defendants in 2026 involves second-degree assault by strangulation.
House Bill 26-1290 was signed into law on May 27 and took effect September 1, 2026. The law changes sentencing for certain repeat convictions involving second-degree assault committed by restricting another person’s breathing or blood circulation.
For anyone facing an assault allegation, the change reinforces an important point: “assault” is not one single charge with one predictable punishment. The precise allegations, statutory subsection, alleged injuries, circumstances and prior convictions can all matter.
What Changed Under HB26-1290?
The new law focuses on a specific situation: a defendant convicted of second-degree assault under C.R.S. §18-3-203(1)(i) who has a qualifying previous conviction under that same subsection.
Under HB26-1290, when the statutory requirements are satisfied, the court must sentence the defendant under Colorado’s crime-of-violence sentencing provisions, which means enhanced sentencing and mandatory incarceration.
The Colorado General Assembly’s fiscal analysis describes the affected offense as second-degree assault causing bodily injury by restricting breathing or blood circulation and notes that the offense can fall into different felony classifications depending on the circumstances.
This is not simply a general increase in punishment for every Colorado assault case. It applies to the particular repeat-offense circumstances specified by the statute.
Why a Prior Conviction Can Now Matter Even More
One of the most consequential parts of HB26-1290 is how it treats criminal history.
The law requires that the previous conviction be for charges separately brought and tried before the commission of the present act. In other words, the statute contains specific requirements governing which prior conviction triggers the enhanced sentencing provision.
That distinction can be enormously important.
A person should not assume that simply because a prosecutor mentions a previous assault case, the enhanced sentencing provision automatically applies. Defense counsel needs to examine the prior case, the statutory subsection involved, when it occurred and whether it satisfies the new law.
Prosecutors Must Put the Prior Conviction in the Charging Document
HB26-1290 also establishes an important procedural requirement.
For this enhanced sentencing provision to apply, the qualifying previous conviction must be set forth in the current complaint, indictment or information.
That makes careful examination of the charging documents particularly important.
An attorney evaluating the case may need to determine not merely what prosecutors are saying happened, but precisely what they have alleged and under which statutory provision they are proceeding.
Not Every Assault Charge Is the Same
People sometimes talk about being “charged with assault” as though that tells the entire story.
It doesn’t.
Colorado law distinguishes between different types and degrees of assault, and the potential consequences depend heavily on the facts and the specific statutory charge.
Questions that can become important include:
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What conduct is actually alleged?
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Was bodily injury or serious bodily injury alleged?
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Does the prosecution allege strangulation or restriction of breathing or circulation?
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Was a weapon allegedly involved?
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Who was the alleged victim?
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Is self-defense an issue?
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What does the available physical, medical, video or witness evidence show?
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Does the defendant have a prior conviction relevant to sentencing?
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Does that prior conviction actually satisfy the statutory requirements for enhancement?
Two cases casually described as “assault cases” can therefore present dramatically different legal issues and potential consequences.
An Allegation of Strangulation Can Escalate a Case Quickly
Allegations involving choking or restricting breathing are particularly serious because Colorado law specifically addresses bodily injury caused by impeding another person’s breathing or circulation.
And under the new law, a qualifying prior conviction for this particular form of second-degree assault can substantially change the sentencing consequences of a subsequent conviction.
That makes early investigation particularly important.
Medical records, photographs, body-camera footage, 911 recordings, text messages, surveillance footage and witness accounts may become significant depending on the facts of the case.
The defense may also need to examine what occurred immediately before and after the alleged incident, whether accounts changed over time, and whether evidence supports defenses such as self-defense.
Assault Cases Can Have Consequences Beyond Jail
The immediate criminal charge is only part of what may be at stake.
Depending on the circumstances, an assault case can affect employment, professional licensing, firearm rights and immigration status. Cases involving intimate partners or family members may also involve domestic-violence-related consequences and protection orders.
For a person who is not a U.S. citizen, the intersection between criminal and immigration law deserves particular attention. A plea that appears to resolve the criminal case may create separate immigration consequences depending on the offense, immigration status and disposition.
That is one reason criminal defense strategy should consider the defendant’s entire situation, not merely the fastest way to close the criminal case.
Charged With Assault in Colorado? Understand the Specific Charge
HB26-1290 is a good example of why details matter in criminal defense.
The question isn’t simply:
“Am I charged with assault?”
The more useful questions are:
What exact offense am I charged with? What does the prosecution have to prove? What evidence supports or contradicts those allegations? Does my prior record affect sentencing? And what defenses or resolutions may be available?
With Colorado’s new law now in effect, those questions can be particularly important when second-degree assault by strangulation and a prior conviction are alleged.
Facing an Assault Charge? Talk With Marinoff & Associates
An arrest is not a conviction, and an accusation does not tell the entire story.
Marinoff & Associates, P.C. represents individuals facing serious criminal charges in Colorado. Our team can review the allegations, charging documents, evidence, prior record and potential consequences and help develop a defense strategy based on the individual circumstances of the case.
Prepared. Strategic. Dedicated to your defense.
This article provides general information and is not legal advice. Criminal charges and sentencing depend on the specific facts and applicable law.