Charged With Assault & Battery in Colorado? We Can Help!

Assault and battery charges are serious criminal offenses that can lead to significant legal and personal consequences. A conviction for either of these charges may result in substantial penalties, including imprisonment, fines, or a permanent criminal record, all of which can profoundly impact your future.

If you are facing assault and battery charges, it’s crucial to have a skilled criminal defense lawyer near you by your side. At Rodemer | Kane, our experienced attorneys are dedicated to providing aggressive legal representation, ensuring that your rights are protected throughout the legal process. We will thoroughly investigate the details of your case, challenge any evidence that may not support the charges, and strategically develop a defense tailored to your unique circumstances. Whether your case involves self-defense claims, disputing the facts, or negotiating plea deals, we are committed to fighting for the best possible outcome on your behalf.

Having an expert legal team on your side can make a significant difference in the outcome of your case. Let Rodemer | Kane’s assault and battery defense attorneys near you work tirelessly to secure a fair verdict and help you navigate the complexities of assault and battery charges.

Assault vs. Battery in Colorado – What is the Difference?

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. 

• 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.

Understand the Principal Difference Between Assault and Battery Crimes 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: 

1. You reasonably believed that physical force was necessary to protect yourself or others from imminent harm; and
2. You used only the degree of force necessary to protect yourself or another person. 

What Is First Degree Assault in Colorado?

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.

What Is Second Degree Assault in Colorado?

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.

What Is Third Degree Assault in Colorado?

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 Criminal Assault Charges? Speak With An Assault & Battery Attorney Near You

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.