Is Assault Always Physical?

The first dictionary definition of assault is, “a physical attack.” While this definition stands true in many scenarios, does it also pertain to criminal assault charges? In this blog post, the Law Office of Kevin Cahill will examine how many states view criminal assault charges and compare that definition to Colorado’s definition.

Definition of Criminal Assault in Some States

In some states, the criminal definition of assault stands for more than “physical attacks.” Many states define assault charges as, “an act that threatens physical harm to a person, whether or not actual harm is done.” Therefore, a mere threat of violence could lead to criminal assault charges in states which define assault in this way.

However, does this definition apply to Colorado’s definition of assault?

Definition of Criminal Assault in Colorado

Surprisingly, Colorado’s criminal assault definition follows the dictionary’s first definition of assault. Therefore, a criminal assault charge in Colorado is always physical in nature. However, is there a criminal charge for making threats in Colorado like there is in other states?

In Colorado, when people threaten others with serious bodily injury, they are charged with menacing. In Colorado, criminal menacing is defined as, “knowingly placing or attempting to place another in fear of imminent serious bodily injury by any threat or physical action.”

As you can see, there is a clear difference between Colorado’s and other state’s definitions of assault.

Fighting for Your Case

If you or a loved one is charged with assault or criminal menacing in Colorado, our firm can help. With decades of experience defending the accused, attorney Kevin Cahill is the defense you want on your case.

Call (720) 548-2990 now for a free consultation concerning your case!