Colorado Springs Assault And Battery Attorney

Are Assault and Battery the Same Thing in Colorado Springs?

Almost everyone has heard the phrase “assault and battery” at some point during their lives. It is, after all, the most common violent crime in the United States. Every year, millions of Americans are arrested for the crime or crimes of assault or battery. However, while most Americans may have heard the phrase, most Americans also don’t know exactly what “assault and battery means.” This is because, despite the commonality of the term, “assault and battery” means different things in different jurisdictions throughout the United States. In some parts of the country, a person may be charged with assault for simply threatening another person, whereas in other parts of America, you must physically harm someone to be charged with assault.

Especially in the internet age and an era of unprecedented travel, it may be challenging or impossible for someone to know what constitutes assault and battery in a given city or state. Colorado Springs is such a place where you do not have to touch another person to find yourself facing charges for a violent crime. If you are convicted of a violent offense, it won’t matter whether you simply threatened another person or physically harmed them; you will still end up with a criminal record as a violent felon. This can seriously inhibit your ability to lead a fulfilling life, and can present such difficulties as trouble finding and maintaining a job, developing social relationships, and your ability to vote or own firearms. If you are part of a child-sharing agreement, it could even mean losing partial or full custody of your children.

In many cases, Coloradoans don’t even realize they’ve committed what the state considers a violent crime until they’re being placed in handcuffs. This is why, if you or a loved one has been charged with or arrested for assault and battery in Colorado Springs, contact one of our experienced and dedicated defense attorneys. An attorney from The Lux Law Firm, PLLC, may be the only thing standing between you and serious jail time.

What is Assault in Colorado?

Assault involves physically harming another person, through punching, hitting, kicking, the use of a weapon, or some other violent action. In many parts of the United States, verbal threats are considered a form of assault. However, in Colorado, physical contact is an element of assault. This means that if you simply say “I’m going to kick your ass,” “I’m going to kill you,” or some other verbal threat, you cannot be charged with the crime of assault. However, you may face battery or “menacing” charges, which are addressed later in this article.

There are multiple types of assault in Colorado, depending on the type of harm that was done, whether a weapon was involved, and the identity of the victim. For example, you may face different charges if you assaulted a police officer or firefighter than if you assaulted someone in a bar fight or at a public venue.

Assault comes in first, second, and third degree charges, with first degree assault considered the most severe and third degree assault the least severe. What degree of assault charges a person might face will depend on a variety of factors, including the severity of any permanent injuries and whether a weapon was used. Generally, a person who simply hits or shoves another person will face lesser assault charges than someone involved in a fight or who used a weapon to cause serious harm to someone else.

Third-degree assault is the least serious charge. Third-degree assault is defined as knowingly or recklessly causing bodily injury to another person or causing an injury via criminal negligence. Additionally, someone may be charged with third-degree assault for spitting on or throwing some other kind of fluid on a public official.

Second-degree assault is a more serious form of assault and is considered to have occurred if a person intentionally harms or drugs another person without the use of a weapon, or recklessly harms another person while using a weapon. Second-degree assault is also considered to have occurred if someone intends or threatens to cause bodily harm to an on-duty official, such as a police officer, or causes them to come into contact with a bodily fluid or toxic substance. In some instances, second-degree assault charges may be filed against someone who engages in a violent altercation with law enforcement officials while in custody. For example, if someone were under arrest and engaged in behavior that harmed a police officer or was jailed, they may be charged with assault.

First-degree assault is the most serious form of assault. It is also known as “assault with a deadly weapon.” It occurs when someone uses a weapon to seriously injure, disfigure, or disable another person. Someone may also be charged with first-degree assault for threatening to harm a police officer with a deadly weapon.

These are very broad explanations of what constitutes assault in Colorado. In many cases, police and prosecutors decide what constitutes assault on a case-by-case basis. It is not uncommon for prosecutors to try to press the most serious charges possible against a person, either to “make an example” of them by appearing “tough on crime,” or because someone has an extant criminal record and the court wants to “keep them off the streets.” If you have ever been charged with a crime before, especially a violent crime, prosecutors may attempt to press more severe assault charges against you than they might under other circumstances. This means that what you perceived as a “scuffle” or “blowing off steam” could quickly turn into serious criminal charges that follow you the rest of your life.

What is Considered a Deadly Weapon in Colorado?

Many assault charges include the element of a deadly weapon. Whether a deadly weapon was used in the course of an assault can change the entire course of a case and be the deciding factor for determining how serious the charges will be and what potential prison sentence a person might face. Under Colorado law, a deadly weapon is any firearm or instrument that can be used to cause serious harm to another person. This includes, but is not necessarily limited to:

Guns
Knives
Baseball Bats or Other Sports Equipment
Clubs
Tools (Wrenches, Hammers, etc.)
Construction Equipment (Pipes, Rebar, etc.)
Detritus (Broken Glass, Wooden Planks, etc.)

Essentially, if something can be used to harm another person, it can be classified as a deadly weapon. Depending on the circumstances, even a car can be a deadly weapon. Many physical altercations involve the use of an object to defend, deflect, or inflict injury on another person. For example, during a bar fight, someone might grab a beer bottle and strike the other person. This could change the circumstances of the case from second-degree assault to assault with a deadly weapon.

What you may think of us as a “tussle” could quickly change into serious assault with a deadly weapon charges. The State of Colorado takes assault cases very seriously as part of its efforts to crack down on violent crime. Many prosecutors will look for any opportunity to enhance charges, with the use of a deadly weapon providing a convenient excuse for first-degree felony charges. This is why, regardless of the assault charges you’re facing, you need to consult an experienced defense attorney.

What are the Penalties for Assault in Colorado?

Because assault necessarily involves an element of violence under Colorado law, sentences for assault convictions tend to be rather harsh. Colorado’s violent crime rate has risen sharply since the end of COVID restrictions. As a result, many prosecutors have adopted a “tough on crime” stance to deter and reduce future violent crime. Because of the commonality of assault charges, prosecutors have become especially harsh in handing down sentences.

Third-degree assault is considered a misdemeanor. Regardless, it is still punishable by a $1,000 fine and 18 months in jail. Few people can afford to spend even a week or month in jail, let alone 18 months. Even though jail is less serious than prison, a jail sentence nonetheless entails being cut off from your friends, family, and employment. Few people can afford to take a year-and-a-half off from work without losing their jobs, and even fewer people can afford to continue making rent or mortgage payments if they are incarcerated. This means even a “minor” third-degree assault conviction could lead to a person becoming unemployed and unhoused.

Second-degree assault is a felony offense. It is punishable by a $2,000-$5,000 fine and between two and sixteen years in prison. However, if a deadly weapon were involved, or the other person were seriously injured, a judge has the option of enhancing the sentence to between five and sixteen years in prison.

First-degree assault is the most serious assault charge. It carries a potential penalty of between ten and 32 years in prison and up to $750,000 in fines. Depending on your age and the circumstances of your case, this could potentially mean spending the rest of your life or a significant portion of your life behind bars.

These are only a few potential penalties someone might face in the event of assault charges. Assault charges often come in conjunction with some other kind of charge, which can add additional penalties. This is why consulting an experienced defense attorney is vital, regardless of the circumstances of your case. It can be easy for what initially appears to be “simple” third-degree misdemeanor assault to rapidly escalate into more serious assault charges. One of the compassionate and dedicated attorneys at the Lux Law Firm, PLLC, can review your case and help craft a custom defense.

What are Defenses to Assault in Colorado?

Colorado law offers a variety of defenses to charges of assault. No one is ever considered “guilty until proven innocent,” and anyone facing assault charges will have the opportunity to defend themselves in court. A skilled defense attorney, such as those at the Lux Law Firm PLLC, can review your case and craft a custom defense strategy based on your particular circumstances. In some cases, they may even be able to secure a dismissal of charges before you set foot in a courtroom.

Self-defense is one of the most common defenses to assault charges. Under Colorado law, you are legally allowed to protect yourself, others, and your private property from imminent threat. Note that defense of property requires certain criteria to be met, and may prove challenging to prove under certain circumstances. Defense of yourself or another person is generally easier to prove and applies under broader circumstances than defense of personal property. One of our skilled attorneys can review your case and determine whether self-defense or defense of property applies.

Another potential defense is a lack of evidence. If the prosecution cannot prove that an assault took place, it may be challenging to secure a conviction. In the absence of any physical wounds on the other person, no medical records or vague medical records, and an I-said/they-said situation, an attorney may be able to have your case thrown out due to insufficient evidence. A similar defense may prove viable if the evidence itself is of poor or dubious quality. Depending on how law enforcement handled your case, your attorney may be able to argue that the evidence is either insufficient or questionable, or that the police did not follow proper legal procedure. This can result in your charges being dropped, dismissed, or the case being thrown out of court on a technicality.

Under some circumstances, your attorney may argue the defense of mutual combat. Mutual combat occurs when two or more individuals consent to engage in a physical altercation prior to that altercation occurring. You cannot argue mutual combat after a spontaneous fight. Although you may still face criminal charges for engaging in an unsanctioned fight, it may result in the charges against you being reduced.

These are only a few potential defenses to assault charges in Colorado Springs. One of the experienced attorneys of Lux Law Firm, PLLC, can review the precise circumstances of your case and determine the best path forward.

What is Battery in Colorado Springs?

Battery is a distinct charge from assault in Colorado Springs. In many parts of America, “assault” involves threatening another person or engaging in minor physical contact with them, while battery involves serious physical injury. Colorado Springs is unique in having a wholly different definition.

In Colorado Springs, battery is more often called “menacing.” It is defined under Colorado Revised Statutes Title 18. Criminal Code § 18-3-206. Under the law, someone commits the crime of menacing if they place another person in fear of imminent bodily injury. This means that, just as a person can be charged with assault in other places if they make threats against another person, you can be arrested and charged with battery or “menacing” in Colorado Springs by saying things such as “I’m going to kill you.” You can also be charged with menacing if you used a deadly weapon to intimidate another person or make them fear imminent bodily harm. The use of a deadly weapon can enhance what sort of menacing charges a person might face, and be the determining factor in whether you face misdemeanor or felony charges.

Because menacing involves threats rather than actual violence, it may be both easier to charge and more challenging to prove. This is why an experienced battery attorney is necessary if you or a loved one has been charged with menacing in Colorado.

What are the Penalties for Battery or Menacing in Colorado Springs?

Battery or menacing is generally considered a lesser offense than assault. Regardless, a menacing conviction could still lead to serious jail time, fines, and a criminal record that follows you for the rest of your life.

Menacing someone without a weapon is a Class 1 misdemeanor. It is punishable by 364 days in jail and a fine of up to $1,000. However, if a weapon were involved, menacing goes up to a Class 5 felony. This is a much more serious charge and carries with it more serious penalties. Under Colorado law, anyone convicted of Class 5 felony menacing must serve a mandatory two years of probation.

Additionally, someone convicted of Class 5 felony menacing faces between one and three years in prison and a fine of $1,000 to $100,000. This means what you think is simply “making a point” in an argument or confrontation could lead to the end of your life as you know it. Few people can afford $100,000 worth of fines or to leave behind their lives for three years. Additionally, either an assault or menacing conviction can lead to lifelong consequences that last far beyond your time in jail or prison.

What are Defenses to Battery or Menacing in Colorado?

Because it does not involve physical harm to another individual, menacing may be difficult to prove in the absence of video or audio evidence or eyewitness testimony. Even if the prosecution does possess certain evidence, there are multiple potential defenses to menacing charges.

Self-defense is considered a viable defense to menacing or battery charges. If an attorney can prove you felt fear for your own safety or another person’s safety, and threatened someone as a means of scaring them away or protecting yourself, they may be able to secure you an acquittal or even dismissal of charges.

Intent is another possible defense. Menacing is a crime of intent. This means you must have intended to make another person feel unsafe or fear for their lives. If an attorney can establish that you did not intend to make another person fearful, or that you did not believe a reasonable person would fear for their life or safety based on your words, the charges may be dismissed.

Unreasonable fear is another reliable defense. A person must have a reasonable fear for their safety for menacing charges to be proven effective. Many people attempt to “weaponize” Colorado’s menacing law to seek retribution. They may claim they felt threatened or feared for their safety to get someone arrested when a reasonable person would not feel any imminent threat. For example, someone might sarcastically tell another person, “Yeah, I’m really gonna kick your ass.” A disingenuous person may attempt to claim they felt threatened and seek menacing charges. Additionally, if the person making the threat were unarmed and considerably smaller and physically weaker than the person receiving the threat, an attorney may argue that the ostensible victim could not have reasonably feared for their safety.

Proving a lack of a weapon can lead to the reduction of felony menacing charges to a simple misdemeanor charge. If this is the only charge you are facing, an attorney may be able to get your charges dismissed.

These are only a few potential defenses to menacing in Colorado Springs. The presence of audio or video evidence and whether there were any eyewitnesses may severely impact the prosecution’s chances of securing a conviction. One of the experienced attorneys at The Lux Law Firm, PLLC, can review the precise circumstances of your case and determine the best defense.

What Other Penalties Might I Face for Assault and Battery Charges in Colorado?

Most people have heard the phrase “I’ve done my time” in reference to having served prison sentences for a crime of which they were convicted. Many people believe this means that once a person has served their prison sentence, they have a “clean slate.” Nothing could be further from the truth.

Assault and menacing are considered violent crimes. This means anyone convicted of assault or menacing is regarded as a violent criminal. The stigma of being a “violent criminal” can follow a person for the remainder of their life and impact their ability to find or maintain gainful employment. Many jobs that require professional licenses will not allow convicted violent felons to obtain or renew their licensure. This means that a violent felony conviction could necessitate a career change. Depending on your age and level of expertise, this could mean a lifetime’s worth of work and gainful employment goes “down the drain.” You may find yourself forced to find a new line of work at 40 or even 50 years old. Most people would struggle to “reinvent” themselves in such a way. Additionally, because so many lines of work are closed to convicted felons, you may struggle to find a job in a field in which you have any practical experience or knowledge.

Additionally, a conviction for a violent crime can mean the loss of your ability to legally own and operate firearms, your right to vote, and the loss of certain other personal freedoms.

If you are in a child-sharing agreement, a felony conviction can lead to a change in your custody agreement. Many people do not wish to share custody with individuals regarded as violent criminals. If you find yourself sentenced to prison or jail time, another custodial parent could take you to court during your incarceration and secure sole custody. Regaining shared custody upon your release may prove challenging. Many judges take an unkind view of parents who have been convicted of violent crimes. These judges may take a “once a violent felon, always a violent felon” approach to family court.

The legal standard for judges when making decisions that will impact a minor is “in the best interests of the child.” Many judges make the “snap decision” that allowing a convicted, violent criminal around a minor is not “in the best interests of the child.” This means getting back child custody is often an uphill battle for those convicted of assault or menacing. In some instances, a criminal conviction may mean that your children are already adults by the time you get out of jail or prison. This not only means missing your child’s formative years and milestones such as proms and graduations. It also means a severely damaged relationship that could take years to repair.

These are only a few of the potential consequences for an assault or menacing conviction. Violent felonies are considered the most “severe” crimes and carry both the harshest penalties and the heaviest social stigma. Many people do not wish to live near or have their loved ones interact with a “violent felon.” Don’t let yourself face this stigma. If you or a loved one has been arrested for or charged with assault, battery, or menacing in Colorado Springs, don’t hesitate to contact one of the experienced and compassionate attorneys at The Lux Law Firm, PLLC.

What Should I Do if I’ve Been Arrested for Assault and Battery in Colorado Springs?

While almost everyone has heard of assault and battery, not many people know what to do should they find themselves facing charges for it. If you or a loved one has been arrested for or charged with assault and battery, it’s important that you exercise your right to remain silent. Many people do not know that Colorado police are allowed to lie to you to obtain information that can be used to secure a conviction. Many people are under the mistaken impression that the police must be honest and forthright in all of their dealings. This is not true.

The law allows police officers to lie to potential suspects if they believe doing so will lead a potentially guilty party to self-incriminate. The police may claim witnesses were willing to identify you as the guilty party, that security cameras were present at the scene of the crime, or imply that a bystander recorded cell phone footage implicating you. The police may also imply that you won’t face criminal charges or that your charges will be severely reduced if you cooperate with them. This is false. The “go easy on you” tactic is an effort to get you to confess. The police have no control over what charges are filed against you or whether charges will be dropped. Those decisions are in the hands of the court.

Many people believe it’s the police’s job to “catch criminals” or “identify guilty parties.” This is not necessarily true. It is the police’s job to identify potential suspects and gather evidence that can be used against those suspects at trial. Similarly, it is not a prosecutor’s job to decide who was “right” or “wrong” in a given situation. Prosecutors will assess evidence and determine if it is sufficient to secure a conviction at trial. If a prosecutor believes they have a good chance of getting someone convicted, they will pursue the charges.

This is why if you or a loved one has been arrested for assault and battery or menacing in Colorado Springs, you need an attorney of your own. You need one of the attorneys at The Lux Law Firm, PLLC.

At The Lux Law Firm, PLLC, we believe in giving each client the absolute best in representation. We know that facing assault and battery charges can be frightening, and that a person’s whole life can flash before their eyes when facing potential prison time. It’s our sincere goal to help every one of our clients find a path forward that allows them to put a bad time behind them and start their lives back over from before they were ever arrested. We understand that more than just your immediate freedom is on the line. We don’t just fight to keep you out of jail- we’re fighting to protect your reputation, your job, your relationship with your family, and your standing in the community. When you hire an attorney from the Lux Law Firm, PLLC, you’re not just hiring an attorney to fight for you; you’re hiring an attorney who’ll fight for your future.

Don’t allow police and prosecutors to end your future. If you or a loved one has been arrested for assault and battery or menacing in Colorado Springs or the surrounding area, contact The Lux Law Firm, PLLC today at 719-451-7469 to schedule your free, no-obligation case evaluation.