Protect Your Rights with Dependable Representation
Assault and battery charges have changed significantly over the years in Colorado. Although assault and battery charges may seem similar, the charges are very different in severity and seriousness. Learn more about the differences between assault and battery/menacing and seek out legal assistance from the assault and battery lawyers at Dunsing, Deakins & Galera, LLC, in Denver, CO. Call (303) 758-8981 or send our staff a message to find the help you need today.
What Are Battery Charges And How Are They Charged?
In the past, battery involved intentional or harmful contact with another individual without their consent. However, battery is typically charged under menacing statutes today. A person commits the crime of menacing if, by threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. C.R.S. 18-3-206. Menacing is class 3 misdemeanor but may be charged as a class 5 felony if a person menaces another with a deadly weapon. In general, for both battery and menacing, it is usually not necessary to prove the individual in question actually meant to harm the victim or that the other person actually suffers from physical harm.
What Are Assault Charges?
Historically, assault involved a direct action that caused the victim to fear for their safety – which is now more akin to menacing charges. Today, assaults are when one person knowingly inflicts bodily injury on another person. To be charged with assault, the individual must have intended to harm someone. In Colorado, assault charges are classified as first-, second-, or third-degree assault. Only first- and second-degree assault charges are documented as aggravated assault.
Consequences and Penalties
Whether charged separately or together, assault and battery charges in Colorado can result in severe consequences, including prison time and fines and may be charged as either misdemeanors or felonies depending on the facts. If you are facing these types of charges, it is essential you use the services of an assault and battery lawyer. Dunsing, Deakins & Galera, LLC, counseling and legal representation can make sure your rights are protected and help you receive the best possible outcome.
Assault in the First and Second Degree
These types of crimes are classified as felonies and can result in incarceration time for up to 24 years and fines up to $750,000 depending on the circumstances and facts involved.
Third Degree Assault
Third-degree assault is considered a misdemeanor in the state of Colorado. If charged, an individual can generally face between $500-$5,000 in fines and six to 18 months of jail time or up to 24 months if the crime was committed in a domestically violent situation.
Assault and battery, whether charged separately or together, can result in serious consequences. It is crucial you obtain legal aid from an assault and battery lawyer to ensure fair representation.
Criminal Defense Help
If you have been charged with assault and battery or menacing, it is critical you seek out criminal defense help from our legal team. At Dunsing, Deakins & Galera, LLC, we have represented clients for over 45 years in criminal defense and family law. We provide free initial consultations with an assault and battery/menacing lawyer who can help you understand your legal rights and options.
Joseph Galera has worked for 15 years in criminal defense and can present you with a full assessment of your case, recommend the appropriate steps to take, and provide updates along the way to keep you informed. Everyone facing an assault and battery/menacing charge, whether a felony or misdemeanor, deserves skilled legal representation. If you have been accused of assault and battery in Colorado, contact Dunsing, Deakins & Galera, LLC, at (303) 758-8981 or send us a message today.