Assault & Battery in Colorado

Assault and battery charges are severe offenses, and a conviction can result in severe consequences. If you have been charged with assault and battery, a criminal defense attorney from Rodemer | Kane can fiercely advocate for a fair outcome.

Assault and Battery – What Is the Difference?

Assault and battery are closely related terms. So close that you rarely hear the term “battery” without being preceded by “assault.” The end result is that people think the phrase “assault and battery” refers to a single crime. While these terms typically arise from the same incident, the reality is that assault and battery are two separate criminal charges.

• Assault is the crime of causing bodily harm to another person either recklessly or intentionally.
• Battery, on the other hand, is the crime of putting someone in fear of imminent harm. This makes more sense under Colorado law, as it uses the term “menacing” in place of battery.

Under Colorado law, menacing is defined as the use of any threat or physical action to knowingly place or attempt to place another person in fear of imminent serious bodily injury. It is typically charged as a Class 1 misdemeanor but can be charged as a Class 5 felony, which carries up to 3 years in the department correction, or a misdemeanor, which is a Class 1 misdemeanor which carries up to 364 days in jail.

Keep in mind that you face up to a year in jail and a fine of up to $1,000 if you are convicted of misdemeanor menacing. As a result, you should seek guidance from a criminal defense attorney if you have been charged with criminal menacing.

First Degree Assault

First-degree assault is the most severe assault charge you can face. The most common scenario where first-degree assault is charged is where the defendant is alleged to have intentionally caused serious bodily harm to another person with a deadly weapon. It is a Class 3 felony, meaning you can face a minimum of 10 years in prison with a potential maximum of 32 years.

Second Degree Assault

Second-degree assault is charged in a broader variety of circumstances:

• Causing bodily injury with a deadly weapon
• Drugging or otherwise causing another person to become impaired without their consent
• Committing certain acts against police officers, firefighters, and other first responders

Second-degree assault is a Class 4 felony. If convicted, you face anywhere from 5 to 16 years in prison.

Third Degree Assault

Third-degree assault is charged when the defendant allegedly caused bodily harm (a lesser degree of harm than serious bodily harm) to another person knowingly or recklessly. You can also be charged with third-degree assault if you negligently caused harm to another person with a deadly weapon or spitting or throwing bodily fluids or excrement on a first responder. Third-degree assault is a Class 1 misdemeanor, meaning you could spend up to 364 days in jail if convicted.

Facing an Assault and Battery Charge? Contact Rodemer | Kane

If you have been charged with assault and battery, it is important to understand that neither the prosecutor nor the judge is on your side. To speak with a criminal defense attorney who can level the playing field, give us a call to schedule a free consultation.