Is There a Difference Between Assault and Battery in Colorado?

difference between assault and battery

In Colorado, the terms “assault” and “battery” are not interchangeable. In fact, Colorado doesn’t have a specific battery charge. Instead, the state uses the term “menacing” to describe what other states call battery. Assault in Colorado involves causing actual bodily harm while menacing is placing someone in fear of imminent serious bodily injury, even without physical contact.

This distinction is critical for anyone facing these charges. If you’ve been accused of assault or menacing, you need a strong defense strategy tailored to your specific circumstances. Don’t navigate the complex legal system alone.

Contact the skilled criminal defense attorneys at Right Law Group today for a free consultation, and let us fight for your rights and your future.

Assault Charges in Colorado

Under Colorado law (CRS 18-3-201), assault is defined as causing bodily injury to another person, attempting to cause bodily injury, or placing another person in fear of imminent serious bodily injury.

The severity of the assault charge depends on the circumstances of the case and the degree of harm caused.

  • First-degree assault (CRS 18-3-202), the most serious charge, involves causing serious bodily injury with a deadly weapon or permanent disfigurement.
  • Second-degree assault (CRS 18-3-203) involves causing bodily injury with a deadly weapon or recklessly causing serious bodily injury.
  • Third-degree assault (CRS 18-3-204), a misdemeanor, involves intentionally inflicting bodily harm on another person while acting carelessly or negligently.

“Battery”/Menacing Charges in Colorado

In Colorado, what’s commonly known as battery in other states is referred to as menacing (CRS 18-3-206). Menacing involves placing another person in fear of imminent serious bodily injury through threats or actions, even if no physical contact occurs.

  • Misdemeanor menacing (CRS 18-3-206(1)) involves placing someone in fear of imminent serious bodily injury and can result in up to 364 days in jail and fines up to $1,000.
  • Felony menacing (CRS 18-3-206(1)) involves using a deadly weapon or representing an item as a deadly weapon during the crime. This charge can lead to up to 3 years in prison and fines up to $100,000.

Key Differences Between Assault and Battery

The primary distinction between assault and menacing lies in the presence or absence of physical contact or bodily injury. Assault charges are based on the level of bodily injury caused, while menacing charges are based on the fear of imminent serious bodily injury, even without physical contact.

Another difference is the severity of the potential consequences. While both assault and menacing charges can be filed as misdemeanors or felonies, the penalties for assault tend to be more severe due to the presence of bodily injury.

Defending Against Assault and Menacing Charges

If you’re facing assault or menacing charges in Colorado, having an experienced criminal defense attorney is crucial. At Right Law Group, we have a deep understanding of Colorado’s complex criminal laws and a proven track record of success in defending clients against these charges.

Some potential defenses against assault and menacing charges include:

  1. Self-defense or defense of others
  2. Lack of intent to cause harm or fear
  3. Insufficient evidence to support the charges
  4. Mistaken identity or false accusations

It’s important to remember that every case is unique, and the best defense strategy will depend on the specific facts and circumstances surrounding your charges. That’s why it’s essential to consult with a knowledgeable criminal defense attorney who can evaluate your case and advise you on the most effective course of action.

How a Colorado Criminal Defense Attorney Can Help

Navigating the criminal justice system can be daunting, especially when facing serious charges like assault or menacing. A skilled criminal defense attorney acts as your guide and advocate throughout the process, ensuring that your rights are protected and your voice is heard.

At Right Law Group, we take a client-centered approach to criminal defense. We listen to your story, answer your questions, and work tirelessly to build a strong defense on your behalf. Our attorneys have a deep understanding of Colorado’s criminal laws and court procedures, and we use this knowledge to craft effective defense strategies tailored to your unique circumstances.

From investigating the allegations against you to negotiating with prosecutors and representing you in court, we’ll be by your side every step of the way. Our goal is to achieve a favorable outcome in your case, whether that means fighting for an acquittal at trial or negotiating a favorable plea deal that minimizes the impact on your life.

Contact Right Law Group Today

Assault and menacing charges in Colorado are serious matters that can have life-altering consequences. By understanding the differences between these charges and the potential defenses available, you can make informed decisions about your case and protect your future.

If you or a loved one is facing assault or menacing charges in Colorado, don’t wait to seek legal help. Contact Right Law Group today for a free, confidential consultation. Our criminal defense attorneys will explain your options and fight for your freedom. With our commitment to client success, you can feel confident knowing you have a strong advocate in your corner.

Author Bio

alexis austin

Alexis Austin is the CEO and Managing Partner of Right Law Group, a criminal defense law firm she founded in 2018, with convenient locations in Colorado Springs, Castle Rock and Highlands Ranch. With almost a decade of experience in criminal defense, she has zealously represented clients in a wide range of legal matters, including DUIs, misdemeanors, felonies, domestic violence, and other criminal charges.

Alexis received her Juris Doctor from the University of Denver — Sturm College of Law and is a member of the Colorado Bar Association. She has received numerous accolades for her work, including being named among the “Top 40 Under 40” in 2018 by The National Trial Lawyers and featured in Authority Magazine’s “Top Lawyers” series.

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