Denver Battery Lawyer
Aggressive Battery Defense Lawyer in Denver, Colorado
Battery charges in Colorado are typically charged under menacing statutes. Keep in mind, while assault charges can be lodged even if you have never laid a hand on a person, battery charges are lodged when an assault actually occurs. For example, if you threaten someone with a pipe but do not strike them, you would be facing assault charges. If you strike them with the pipe, you will be facing battery charges. In many cases, Colorado prosecutors will not lodge a battery charge as a stand-alone, instead, you are likely to be charged with both a battery charge and an assault charge.
Aggravated Battery Charges
While most battery charges are considered misdemeanor charges and are charged as a Class 3 misdemeanor which means up to six months’ jail time and a fine of $50, there are situations where there could be aggravated battery charges which could mean a felony charge. That’s is why it is so important that you hire an experienced Denver battery lawyer if you are charged.
Some of the circumstances that will be considered in upgrading the charge to a felony include:
- Victim suffers significant bodily harm
- A weapon was involved (including shod foot, firearm, knife, etc.)
- When the offense is determined to be a hate crime
- If the victim of the battery is a police officer
- If the victim of the battery is a child
- If the victim of the battery is an at-risk adult
Remember, a weapon need only be present; it does not have to be used in order to increase the charges to a felony. Hiring a battery defense attorney in Denver is crucial to a successful defense.
Battery Charges & Domestic Violence
In many cases, victims of domestic violence will find the prosecutor has filed a battery charge against the partner accused of domestic violence. Remember, in these cases, the victim need not be the one pressing the charges, the prosecutor will pursue these charges aggressively on their behalf whether they wish to press charges or not.
Sexual battery charges are defined as any unwanted or intentional contact that occurs without the other person’s approval or consent. In these cases, the crime would be charged as a felony and a guilty finding would mean a life-long requirement to register a sex-offender.
How Prosecutors Prove Battery
Before a prosecutor can prove a battery charge, they must be able to prove, beyond a reasonable doubt that:
- Unlawful force occurred
- That you laid hands on another person
- That the person suffered bodily injury or the touch was offensive or unwanted
Typical Battery Classifications
As previously explained, battery is the laying of hands on another person with the intent to injure.
Typically, batteryis broken down as:
- Simple battery – any form of contact which is harmful regardless of how minor the injury. A guilty finding would result in a misdemeanor charge.
- Sexual battery – touching another person, without their consent, on any intimate part of their body. Remember, this does not have to include sexual intercourse (though it may). In general, sexual battery charges are felony charges and a guilty finding will result in an automatic requirement to register as a sex offender.
- Family battery – domestic violence charges are taken very seriously in Colorado and typically a guilty finding will result in a mandatory one-year jail sentence. Keep in mind, “family” is defined as any persons sharing a home, former romantically involved persons and former spouses.
- Aggravated battery – as previously stated, any battery charges where certain circumstances can be proven such as a hate crime, the possession of a weapon, or battery that results in serious injury. These cases will always be charged as a felony.
Hire a Battery Defense Attorney in Denver Today
Battery charges should never be taken lightly. Because in Colorado battery is considered a violent crime, you will also forfeit your right to own a weapon, even after you have served the sentence laid down by the court and attended mandatory anger management courses. If you are facing charges of battery or assault and battery in the Denver area, contact Kevin Cahill, a battery defense attorney at (720) 548-2990 for a free consultation. The consequences of a battery conviction are very serious; you need a skilled and experienced Denver criminal defense attorney who understands the system and can work hard to mount an aggressive defense on your behalf.