Colorado Springs Assault And Battery Lawyer

Facing Assault And Battery Charges In Colorado? The Penalties Could Be Severe. You Need To Act Fast — Your FREEDOM Could Be On The Line.

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If you have been charged with assault and battery in Colorado, you may be facing serious consequences that can affect your freedom, employment, and personal relationships.

An experienced assault and battery attorney in Colorado Springs can help you understand your rights and legal options.

When Should I Call a Colorado Springs Assault and Battery Attorney?

If you are facing assault and battery charges, call a Colorado Springs assault lawyer as soon as possible after your arrest. The penalties for these crimes are serious and can have lifelong consequences. It is in your best interest to ensure that you have legal representation early on in the process. Your defense attorney’s job is to help you navigate the complexities of the justice system while being a fierce advocate for your rights.

The sooner you call, the quicker your attorney can start building your defense and work towards achieving the best possible outcome.

There are several defenses that can be used in assault and battery cases, such as:

You were acting in self-defense against the accuser, who was acting violently.
The incident was an accident.
The accuser consented to the actions.
You were falsely accused.

An attorney will gather evidence to support your defense, which may include expert testimony, witness testimony, and video surveillance footage. Your lawyer will also review and challenge any evidence the prosecution may have against you.

When facing serious charges like assault and battery, you need the experience and skill of a seasoned trial attorney on your side. An attorney can help you navigate the complicated criminal justice system and find the best course of action to take you through each step.

What Is Considered Assault and Battery in Colorado?

Colorado treats assault and battery as separate crimes. Assault is when someone intentionally causes bodily harm to another person. Battery, known as “menacing” in Colorado, is when someone threatens bodily harm with the intention of causing fear.

There are three degrees of assault in Colorado.

Third-degree Assault

Third-degree assault is classified as a Class 1 misdemeanor and is defined as:

Recklessly, knowingly or with criminal negligence causing bodily harm; OR
Knowingly harassing or threatening a protected official with toxic substances or bodily fluids.

Second-degree Assault

As a Class 4 felony, second-degree assault has harsher punishments than third-degree assault. Under Colorado law, second-degree assault is defined as:

Knowingly causing bodily injury without a deadly weapon, recklessly causing injury with a weapon, intentionally drugging another individual without his/her consent, or purposely causing bodily injury; OR
Intentionally using physical force against an on-duty official while in custody, or intentionally causing a correctional officer to come in contact with toxic substances or bodily fluids with the intention of harassing or threatening the individual; OR
Intentionally threatening serious bodily harm to prevent an on-duty protected official from doing his/her job, or intentionally causing an on-duty protected official to come in contact with toxic substances or bodily fluids with the intention of causing harm.

First-degree Assault

First-degree assault is a Class 3 felony and the most serious of assault charges in Colorado. You can be charged with this crime if you:

Purposely use a deadly weapon to cause serious injury; OR
Behave recklessly and cause serious injury, even if that was not your intention; OR
Knowingly intend to injure an on-duty protected official with a deadly weapon.

Battery

In Colorado, battery is called “menacing.” You can be charged with this crime if you intentionally use threats or actions to make another person fear injury or bodily harm.

Menacing is, essentially, attempted assault.

Penalties for menacing will depend on whether or not a deadly weapon was used. When no deadly weapon is used, the crime is charged as a misdemeanor. The use of, or threatened use of, a deadly weapon makes this crime a felony.

Felony charges are more serious and come with the possibility of a prison sentence.

What Are the Possible Penalties for Assault and Battery in Colorado?

Assault and battery in Colorado are serious crimes, and they come with stiff penalties. If you are charged with menacing or assault, you will face the following:

Third-degree assault: Up to $5,000 in fines; 6-24 months in jail
Second-degree assault: $2,000-$500,000 in fines; 2-6 years in prison (up to 16 years if a deadly weapon was involved)
First-degree assault: $3,000-$750,000 in fines; 10-32 years in state prison
Menacing (misdemeanor): $30-$750 in fines; up to 6 months in jail
Menacing (felony): $1,000-$100,000 in fines; 1-3 years in prison

If a first-degree or second-degree assault crime is considered a crime of passion, they will be charged as a Class 5 or Class 6 felony respectively.

Class 5 felony: $1,000-$100,000 in fines; 1-3 years in prison
Class 6 felony: $1,000-$100,000 in fines; 1-1.5 years in prison

Call a Colorado Springs Assault and Battery Attorney Today

An assault and battery conviction can have long-term consequences that can impact virtually all areas of your life. When your freedom and future are on the line, you don’t want to take chances.

You need an experienced Colorado Springs assault lawyer with a track record of success. Contact us today for a free consultation to discuss your case.

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Resources

Colorado criminal procedure

Arrest or
Summons
01

Arrest or
Summons

The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.
Bond Hearing
02

Bond Hearing

In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.
Advisement of
Charges
03

Advisement of
Charges

Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.
Preliminary Hearing
(for Higher Felony
Charges)
04

Preliminary Hearing
(for Higher Felony
Charges)

A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.
Pretrial Conference /
Disposition
Hearing
05

Pretrial Conference /
Disposition
Hearing

This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.
Arraignment
06

Arraignment

An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.
Motions Hearing
07

Motions Hearing

A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.
Pretrial Readiness
Conference
08

Pretrial Readiness
Conference

A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.
Jury Trial
09

Jury Trial

After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.
Sentencing
Date
10

Sentencing
Date

At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

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Is assault a felony in Colorado?

In Colorado, assault can either be charged as a misdemeanor or as a felony, depending on the severity of the crime committed. The least serious assault charges are classified as a Class 1 misdemeanor, and the most serious are charged as class 3 felonies.

What is considered assault in Colorado?

In Colorado, anytime someone intentionally or recklessly causes actual bodily injury to another person, that could be considered assault.

What is considered bodily injury in Colorado?

In Colorado, “bodily injury” is simply defined as “pain”. In other words, if someone claims that they felt pain during an incident that is considered a bodily injury, even if they do not have any visible injuries.

How serious is an assault charge?

Assault is a very serious charge and can result in severe penalties. In Colorado, assault can be charged as a class 1 misdemeanor, a class 4 felony, or a class 3 felony, depending on the act that was committed.

Experienced Assault And Battery Lawyer