The phrase “assault and battery” is often used as shorthand for any type of menacing behavior—but under Colorado law, these crimes are treated very differently from each other. Battery essentially involves the threat of injury, while assault is the act of injuring someone else. Below, we’ll explain more about how assault is treated under Colorado law and how an assault lawyer can defend you if you find yourself facing assault charges.
Ask an assault lawyer: What are the differences between aggravated and simple assault?
Assault charges are separated into three categories: first- and second-degree assault (both considered “aggravated assault”), and third-degree assault (“simple assault”). Aggravated assault is a felony, while simple assault is generally a misdemeanor.
First-degree assault
The most serious type of assault charges may be levied against you if you knowingly or recklessly cause someone else serious injury, disfigurement, or disability. You could also face first-degree assault charges if you threaten any protected employee (including a police officer, firefighter, or correctional officer) with a deadly weapon while this officer is performing their official duties.
First-degree assault is a Class 3 felony under Colorado law. (Colorado classifies all felonies into six categories, with Class 1 felonies being the worst and Class 6 being the least). Someone who is convicted of first-degree assault could face between 10 and 32 years in prison and a fine of up to $750,000.
Second-degree assault
Assault may be charged as second-degree assault if it results in any bodily injuries that are not considered serious or permanently disabling. Second-degree assault charges can also be filed against anyone who administers a drug to another person without that person’s consent and for the purpose of causing stupor, unconsciousness, or harm. This can range from doping a drink with “roofies” to playing a prank by putting laxatives in another person’s food.
Second-degree assault is a Class 4 felony. Someone convicted of a second-degree assault can face between 2 and 6 years in prison and a fine of up to $500,000; someone convicted of second-degree assault with a deadly weapon or assault causing serious injury could face 5 to 16 years in prison.
Third-degree assault
Third-degree assault is considered a misdemeanor, which means it is punishable by jail instead of prison time. You can be charged with simple assault if you knowingly or recklessly cause bodily injury to someone else, or if you engage in criminal recklessness with a dangerous weapon (such as shooting a gun in a crowded residential area).
Someone who is convicted of third-degree assault can face between 6 months and 2 years in prison and a fine of up to $5,000.
What do assault lawyers consider “serious bodily injury”?
The difference between first-degree and second-degree assault often turns on the thin line of what level of bodily injury is considered “serious.” Bodily injury can include anything from illness to physical pain to permanent impairment (like loss of vision, hearing, or mobility).
Although the line between serious and non-serious bodily injury can sometimes vary from case to case, serious bodily injury generally includes one of the following:
- Fractures or broken bones
- Third-degree burns
- Head or neck trauma, including traumatic brain injury (TBI), hematoma, or swelling;
- Disfiguring injuries to the face
- Internal bleeding
- Paralysis
- Spinal injuries
At the time a crime is charged, the victim may still be dealing with the aftermath of their injuries and pursuing treatment; the odds that the victim will eventually have a full recovery can be what drives the prosecutor’s decision to charge a crime as aggravated or simple assault. An assault attorney can seek discovery from the prosecution to get a better idea of where the case will be going and what you can do to prepare your defense.
What defenses can an assault attorney raise on your behalf?
The best assault defense can vary based on the unique circumstances of the underlying charge. One of the most common defenses to assault is self-defense. If you were placed in fear for your own life or safety by the victim, you’re entitled to fight back to protect yourself, even if this fighting back results in injury to the other person. However, self-defense can’t include any escalation of the conflict. Because this is such a fact-sensitive inquiry, it’s important to have legal assistance to ensure that all the evidence you want to present to the court is admissible.
Other potential defenses include mistaken identity or accident. Assault requires the accused to have knowingly or recklessly caused harm to another person, so proving that any harm the victim sustained was entirely accidental can be enough to defeat the underlying basis of the charge.
Because assault charges can carry such serious potential penalties, it’s crucial to have an experienced assault attorney on your side throughout this process. Your assault lawyer can thoroughly explain the charges you’re facing, the potential penalties that could be handed down, and your best strategies for fighting back. Your assault lawyer will work with you to mount the strongest possible defense based on the unique circumstances of your case.
