Assault vs. Battery in Colorado
Assault and battery are two terms that are typically used together and often used interchangeably. As a result, there can be a great deal of confusion and most people do not realize that they are actually two separate offenses. If you have been charged with assault, battery, or both, you should contact a trusted criminal defense lawyer as soon as possible to protect your rights.
Understand the Principal Difference Between Assault and Battery in Colorado
The primary difference between assault and battery is that assault requires causing physical injury to another person, either intentionally or recklessly. You can be charged with battery without causing any injury or even having any physical contact with the other person.
In Colorado, battery is charged as “menacing,” which adds to the confusion. Battery, or menacing, is the crime of knowingly putting another person in fear of imminent serious bodily injury. As a result, you can be charged with menacing even if you had no physical contact with the other person or did not cause any harm. That said, menacing is often charged in addition to assault, as the menacing often preceded the assault. It is also common to be charged with menacing in domestic violence cases.
The Colorado State Statute for Assault
Assault is defined under three separate statutes in Colorado:
- CRS 18-3-202 (First degree assault)
- CRS 18-3-203 (Second degree assault)
- CRS 18-3-204 (Third degree assault)
First degree assault is the most serious assault charge you can face and is a Class 3 felony. Second degree assault is a Class 4 felony and third degree assault is a misdemeanor.
What Is Simple Assault in Colorado?
Simple assault is also known as third degree assault in Colorado. It is charged in the following situations:
- The defendant knowingly or recklessly caused bodily injury to another person; or
- The defendant negligently caused bodily injury to another person by means of a deadly weapon
Here are some examples of simple assault:
- Pushing or shoving another person that results in injury
- Punching or kicking someone
- Brandishing a knife and accidentally cutting someone
Simple assault is a Class 1 misdemeanor that is punishable as follows:
- Up to 18 months in jail
- Fines of up to $1,000
Even a “simple assault” charge can result in serious penalties if you are convicted and you should therefore take it very seriously. Contact a criminal defense attorney for help if you have been charged with simple assault.
Self-Defense Versus Assault in Colorado
Self-defense is a common legal defense to assault in Colorado. When raising self-defense, you are arguing that you were justified in using physical force to defend yourself or others because of the following:
- You reasonably believed that physical force was necessary to protect yourself or others from imminent harm; and
- You used only the degree of force necessary to protect yourself or another person.
Contact Rodemer | Kane if You Have Been Charged with Assault or Battery
No one can afford a criminal conviction on their record. A criminal defense attorney from Rodemer | Kane can help you get a fair result. Contact us today by phone or email to schedule a free consultation.