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What Is an Assault in Colorado?

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Do You Need a Lawyer for Assault and Battery Charges?

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

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.

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Top-Rated Colorado Criminal Defense Lawyer

5 out of 5 stars!

Nick was very knowledgeable and friendly when I asked him about a traffic ticket. He answered all of my questions in a timely manner. Right Law Group is an excellent criminal defense law firm and the attorneys are top notch. 10/10 will recommend to family and friends.

5 out of 5 stars!

I called Right Law group to ask about a speeding ticket. I spoke with a lady named Rachelle. She was very helpful with answering my questions. At the end of our conversation I felt she understood how I was feeling. I appreciated her willingness and the time she spent with me. Thank you.

5 out of 5 stars!

I can’t stress enough how helpful and professional the staff were. Nanette was stellar! She exceeded all of my expectations. Thank you for helping me and for getting back to me so quickly.

5 out of 5 stars!

Chelle was great meeting. Even though we did not end up needing to work with her. We were super impressed with her knowledge and professionalism. If we ever have the need she will be my first call.

5 out of 5 stars!

The thing that's impressing about Alexis and her team is nothing's sugar coated. She and her law firm is very straight forward. They will tell you what to expect each step of the way. They care about their clients, very exceptional!

5 out of 5 stars!

I called in and spoke to Rachelle about a speeding ticket I got a few months back. She was super helpful and helped me thoroughly understand the process of what will happen. She was very helpful and very knowledgeable. Thanks Right Law Group and thank you Rachelle!

5 out of 5 stars!

Excellent customer service. I worked with Mailyn and she was so polite and nice to work with. Definitely knows her business. Will continue to use this company. I would recommend right law group to anyone that needs legal help.

5 out of 5 stars!

Very responsive and professional in all communications. I would highly recommend this firm and their services.

5 out of 5 stars!

So far this law group has been fantastic. I get updates on my case all the time. They keep me informed, which makes me feel better. Extremely nice personnel who are very helpful and answer all your questions.

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

If you are facing assault and battery charges in Colorado Springs, call an attorney right away. 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 as early on in the process as possible.

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.

When facing serious charges like assault and battery, you want 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.

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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 assault and battery attorney in Colorado Springs with a track record of success. Contact us today for a free consultation to discuss your case.

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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What is the sentence for misdemeanors in Colorado?

  • Class 1

  • 6 to 18 months in county jail, and/or
  • $500 to $5,000 in fines
  • For extraordinary risk class 1 misdemeanors, the maximum jail sentence is 24 months.
  • For 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 48 months if the victim was on duty as a:
    • Peace officer,
    • Emergency medical provider,
    • Firefighter, or
    • Mental health professional at the Department of Human Services.

  • Class 2

  • 3 to 12 months in county jail, and/or
  • $250 to $1,000 in fines

  • Class 3

  • Up to 6 months of county jail, and/or
  • $50 to $750 in fines

What are Colorado felony penalties?

  • Class 1

  • Life imprisonment
  • No Colorado crime carries the death penalty.

  • Class 2

  • 8 – 24 years in Colorado State Prison, and/or
  • $5,000 – $1,000,000
  • 5 years of mandatory parole if the offense is a crime of violence. Otherwise, 3 years of mandatory parole.

  • Class 3

  • 4 – 12 years in prison, and/or
  • $3,000 – $750,000
  • 3 years of mandatory parole
  • For extraordinary risk class 3 felonies, the maximum sentence is 16 years in prison.

  • Class 4

  • 2 – 6 years in prison, and/or
  • $2,000 – $500,000
  • 3 years of mandatory parole
  • For extraordinary risk class 4 felonies, the maximum sentence is 8 years in prison.

  • Class 5

  • 1 – 3 years in prison, and/or
  • $1,000 – $100,000
  • 2 years of mandatory parole
  • For extraordinary risk class 5 felonies, the maximum sentence is 4 years in prison.

  • Class 6

  • 1 – 18 months years in prison, and/or
  • $1,000 – $100,000
  • 1 year of mandatory parole
  • For extraordinary risk class 6 felonies, the maximum sentence is 2 years in prison.

CALL NOW IF YOU HAVE BEEN ARRESTED

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Getting You To A Better Place Fast

At Right Law Group, we understand the stress you are under. Our Criminal Defense Law Firm is here to guide you down the right path to your legal challenge. Whether you are facing your first DUI, a drug charge, need a restraining order, or are facing another type of criminal charge, our firm is committed to your well-being and protecting your rights the right way.

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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

Colorado Springs Assault And Battery Lawyer Near You

When you’re charged with Assault or Battery in Colorado, you need a lawyer who is familiar with the laws and knows how the court system works. Criminal defense attorneys work with you to help you establish a strong defense. Even if you believe that a conviction is inevitable, an assault and battery lawyer can help you fight for a lesser charge, a reduced sentence, or another more favorable outcome. Contact us right away for a free case consultation.

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