Colorado Springs Assault And Battery Lawyer

Colorado criminal law treats assault and battery as separate crimes. Assault is when someone intentionally causes bodily harm to another person. Battery, known as “menacing” in Colorado Springs, is when someone is making a threat of bodily harm intending to cause fear.

There are three degrees of assault in Colorado Springs.

Third-degree Assault

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

• Recklessly, knowingly or with criminal negligence causing serious bodily injury
• Knowingly harassing or threatening a protected official with toxic substances or bodily fluids

Second-degree Assault

As a Class 4 felony, second-degree assault in Colorado Springs 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 their consent, or purposely causing bodily injury
• 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
• Intentionally threatening serious bodily harm to prevent an on-duty protected official from doing their 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 Springs, CO.

You may find yourself with an assault charge if you:

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

Battery

In Colorado Springs, 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.

In Colorado Springs, 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 severe and come with the possibility of a prison sentence.

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

Even in the case of third-degree assault, assault, and battery in Colorado Springs are serious crimes and 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

In Colorado Springs, if a first-degree or second-degree assault 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

In Colorado Springs, an aggravated assault and battery conviction can have long-term consequences that can impact virtually all areas of your life. You don’t want to take chances when your freedom and future are on the line.

You need criminal defense representation from an experienced Colorado Springs assault attorney with a track record of success. Similarly, if you are in a domestic violence situation, reach out to us for representation.

Contact us today for a free consultation to discuss your case.

Our Colorado Springs locations:

102 S. Tejon St., #1156
Colorado Springs, CO 80903

5030 Boardwalk Dr., Suite 225 
Colorado Springs, CO 80919