Criminal Lawyers Who Take Denver, Colorado Assault & Battery Seriously

Have you been charged with assault and battery in Colorado? Depending on your circumstances, you may be feeling angry, confused, frightened, or a mix of all three.

Maybe a verbal argument escalated into something more. Maybe you were wrongly accused of being involved in an incident. Whatever the circumstances of your arrest, do not make the mistake of assuming you’ll get off easy after an assault and battery charge.

Jeff Weeden has seen this happen far too many times, and those people almost always end up regretting their assumption. While assault or battery charges may seem like small potatoes compared to things like drug trafficking, rape, or murder, a conviction can potentially result in lengthy incarceration, heavy fines, and a lifelong criminal record – depending on the circumstances surrounding your alleged crime.

Following an arrest for assault and battery in Colorado, the best thing you can do is to contact an experienced Denver criminal defense attorney. Your lawyer can help you understand the charges facing you and develop a powerful strategy to fight the prosecution’s arguments.

With the help a seasoned assault and battery lawyer, you’ll be in the best situation to have the charges against you reduced – or even dropped entirely. For a free consultation with an aggressive Colorado defense lawyer, contact WeedenLaw now.

How Does Colorado Law Define Assault & Battery?

Although often filed together, assault and battery are considered two different crimes in our state.

In Colorado, assault typically involves knowingly or recklessly making offensive or harmful contact with another person. To qualify as assault, contact could include touching another individual yourself or throwing, rolling, or otherwise using an object to touch them in a way that is offensive, harmful, or both. Interestingly, this definition is actually closer to what many other states consider to be battery.

So, what does “battery” mean here?

Technically, Colorado does not have a battery law. Instead, we have a law called “menacing.” This offense involves the implied threat of violence, rather than violence itself – which aligns it closer to “assault” in many other states. Menacing can include any situation where one person knowingly threatens bodily harm to another person, whether through verbal threats or physical actions.

The seriousness of the crime and possible penalties may depend on the following elements:

  • What type of threatening actions took place?
  • What was the defendant’s intention?
  • Did harmful physical contact occur?
  • Was a deadly weapon involved?

Regardless of the circumstances, an assault and battery charge of any level of severity carries life-altering consequences. To make things even more frustrating, Colorado assault and battery laws can be complex and confusing.

If you’ve been charged with any degree of assault and battery, it’s critical to hire a skilled defense attorney to explain your rights and help you determine your best plan for defense.

What Are the Penalties for Assault & Battery in Denver?

The severity of the penalties for an assault and battery in Colorado may vary depending on the degree you are charged with:

First degree assault and battery.  You may be charged with first degree assault and battery if you purposely inflict serious bodily harm on an individual (often a peace officer or a certain type of protected employee) as he or she is executing work duties. First degree assault also often involves the use or implied use of a dangerous weapon.

In Colorado, first degree assault is typically considered a Class 3 felony. However, if the act is charged as a “crime of passion” it may be considered a Class 5 felony.

The penalties for first degree assault and battery may include up to $750,000 in fines and up to 12 years of incarceration.

Second degree assault and battery. You can be convicted of second degree assault and battery if you are found guilty of any of the following offenses:

  • Purposely inflicting bodily harm on someone using a dangerous weapon.
  • Purposely causing bodily harm to a peace officer or other type of protected employee in order to keep him or her from executing work duties.
  • Recklessly inflicting serious bodily harm on someone using a dangerous weapon or substance.
  • Purposely causing serious bodily harm to someone.

Second degree assault is generally categorized as a Class 4 felony. If it is charged as a crime of passion, however, second degree assault may be categorized as a Class 6 felony.

The penalties for second degree assault and battery may include up to $500,000 in fines and up to six years of incarceration.

Third degree assault. You can be convicted of third degree assault and battery if you are found guilty of any of the following offenses:

  • Knowingly, recklessly, or through criminal negligence inflicting bodily harm on someone using a deadly weapon.
  • Threatening, annoying, harassing, or harming a police office or certain other protected employee using a dangerous substance.

Usually, third degree assault is charged as a Class 1 misdemeanor.

The penalties for third degree assault and battery may include up to $5,000 in fines and up to 18 months of incarceration. Penalties may be harsher if the offense involves a peace officer or protected employee.

Battery or Menacing. While, by definition, all assault crimes include battery or menacing, not all battery/menacing crimes include assault. You could be charged with menacing alone by intentionally threatening serious bodily harm on a person using words or actions, but not actually performing or succeeding in inflicting bodily harm.

Without the assault component, menacing is a Class 3 misdemeanor. However, it may be charged as a Class 5 felony if it involves the use or threatened use of a dangerous weapon.

The penalties for menacing include up to $750 in fines and up to six months incarceration. If a dangerous weapon is involved, the penalties may include up to $100,000 in fines and up to three years of incarceration.

Contact WeedenLaw for Help Fighting Your Denver Assault & Battery Charges

If you have been arrested or charged with assault or battery in Colorado, it is vital to get in touch with an aggressive criminal defense lawyer immediately. Jeff Weeden has helped countless people just like you to craft the strongest possible defense against their charges, and he knows how to get results. WeedenLaw has the resources, reputation, and skill needed to help you win your assault and battery case.

Don’t put your freedom, future, and finances on the line. Contact WeedenLaw for a free consultation today by calling (720) 307-4330, emailing, or filling out our easy online case review form.

With Jeff Weeden and his fierce defense team in your corner, you will be in the best situation to achieve optimal results in your Colorado assault and battery case.