Defense for Assault
Charges in Colorado
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.
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.
If you have been arrested…
Your FREEDOM is potentially at stake. A conviction can have a huge impact on your job, relationships, and your future. You need to act fast.
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.
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 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.
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 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.
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.
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.
Frequently Asked Questions
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.
In Colorado, anytime someone intentionally or recklessly causes actual bodily injury to another person, that could be considered assault.
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.
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.
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