Colorado Springs
Criminal Battery Attorney

Criminal charges related to battery, menacing, aggravated assault, and other violent crimes in Colorado Springs can have catastrophic consequences for your future. Not only could a conviction on menacing or assault charges send you to jail, but you must also deal with the secondary effects of a criminal record. A conviction could keep you from finding a job, block you from obtaining housing, impact your access to credit, and ruin your social standing. 

It’s imperative to fight these charges with help from an experienced battery defense attorney.

As criminal battery lawyers in Colorado Springs, the team at Peakstone Law Group is well-equipped to provide the robust defense you need. We have a former prosecutor on our team, giving us in-depth insight and knowledge into these complex, high-stakes cases. We know what’s at stake for you and will work tirelessly to help you avoid the worst possible outcome in your case. 

Contact Peakstone Law Group today for a free consultation with an assault and battery lawyer. 

What Is Battery in Colorado? 

Technically, Colorado law does not use the term “battery” in cases involving alleged violent acts. Instead, the relevant terms in Colorado criminal law are “assault” and “menacing.”

Broadly speaking, assault refers to the act of causing bodily injury to another person through physical force or while using a weapon. Prosecutors usually have to prove intent to convict someone of assault, though they can bring third-degree assault charges in cases involving reckless or criminally negligent conduct. 

Menacing refers to using threats or physical actions to make someone afraid or attempt to make them fearful of an imminent injury. In other words, assault is the crime of physically injuring another person, while menacing is the act of threatening another person with injury. 

Types of Battery Charges in Colorado Springs

There are three main types of assault charges and two types of menacing charges in Colorado Springs. It’s the job of Colorado Springs criminal defense attorneys to prepare the appropriate defense for the specific charges you face. 

Let’s take a closer look at each of these charges:

  • Misdemeanor menacing (battery) – Using physical actions or threats to make someone afraid of an imminent serious bodily injury or attempt to make someone fearful of an injury. Note that an attempt to menace someone is enough to trigger these charges, even if the attempt does not succeed. This crime is a class 1 misdemeanor.
  • Felony menacing with a deadly weapon – Menacing someone with a firearm, knife, or other weapon. This is a class 5 felony.
  • Third-degree assault – Knowingly causing bodily harm or doing so through reckless actions or criminal negligence. It also refers to threatening, annoying, harassing, or alarming someone the offender knows or reasonably should have known is a police officer, firefighter, or medical professional by forcing them into contact with blood, other bodily fluids, or other toxic material. This is a class 1 misdemeanor.
  • Second-degree assault – Covers a broad range of acts, including intentionally causing serious bodily harm without a weapon, recklessly causing a serious injury with a weapon, intentionally causing any bodily injury, or drugging someone without their consent. It also refers to certain acts involving on-duty officials or jail workers. This crime is a class 4 felony in most circumstances, though it can be a class 3 or class 6 felony in some instances.
  • First-degree assault – The most severe form of assault in Colorado. First-degree assault refers to intentionally using a deadly weapon to seriously injure someone, permanently disfigure them, or disable an organ’s functions. It also applies in cases where someone engages in conduct that shows an “extreme indifference to human life” and causes a severe injury. Finally, first-degree assault also refers to intending to severely injure an on-duty official and threatening them with a deadly weapon when the offender knows the official is on duty. This crime is a class 3 felony in most instances and a class 5 felony in limited circumstances.

The complex nature of assault and battery charges in Colorado is why it’s vital to hire an attorney who has extensive experience with violent crime defense. Our Colorado Springs criminal defense lawyers can explain the specific charges you face and prepare an appropriate defense strategy.

Consequences of Assault and Menacing Charges

The serious consequences you could face for an assault or menacing conviction in Colorado Springs depend on your specific charges. Let’s break the possible penalties down according to the individual felony and misdemeanor charges:

  • First-degree assault – Class 3 felony in most circumstances. Penalties for a class 3 felony conviction include between four and 32 years in prison and a fine between $3,000 and $750,000.
  • Second-degree assault – Class 4 felony in most circumstances. Penalties for a class 4 felony conviction include between two and 16 years in prison and a fine between $2,000 and $500,000.
  • Third-degree assault – Class 1 misdemeanor. Penalties include between six months and two years in jail and a fine between $500 and $5,000.
  • Menacing with a deadly weapon – Class 5 felony. Penalties for a class 5 felony conviction include between one and eight years in prison and a fine between $1,000 and $100,000.
  • Menacing – Class 1 misdemeanor. Penalties include between six months and two years in jail and a fine between $500 and $5,000.

Colorado Assault and Menacing Laws

Colorado’s laws on assault and menacing can be found in:

Potential Defense Strategies in Colorado Springs Criminal Battery Cases

Simply being charged with assault or menacing in Colorado Springs does not necessarily mean you will be found guilty. Depending on your situation, you could have several potential avenues to contest the charges. Some examples of common defenses include:

  • Falsely accused – Your case will likely be dropped by the district attorney if you can demonstrate that the allegations against you are false.
  • Self-defense – Individuals can use physical force to defend themselves or their children when they are facing imminent harm. The degree of physical force must be deemed appropriate for the circumstances.
  • Flawed procedures – When making an arrest, police must follow specific rules and regulations. If you were not read your rights, if police performed an illegal search, or if there was any other irregularity in the arrest, your case could be dismissed. 

Contact Our Colorado Springs Assault and Menacing Defense Attorneys Now 

Peakstone Law Group understands what’s at stake for people facing criminal charges and has significant experience providing legal assistance to individuals dealing with assault and menacing charges. 

Contact our law firm today for a free consultation with an experienced criminal defense attorney.