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.
If you are facing battery charges in Denver, schedule a consultation to discuss your defense options.
In Colorado, aggravated battery is considered a Class 3 misdemeanor. Class 3 misdemeanors are punishable by up to 6 months in jail and a fine of $50, there are situations where there could be aggravated battery charges which could mean a felony charge. That’s 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:
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.
Before a prosecutor can prove a battery charge, they must be able to prove, beyond a reasonable doubt that:
As previously explained, battery is the laying of hands on another person with the intent to injure.
Typically, battery is broken down as:
In Colorado, battery is considered a violent crime. You could 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. The consequences of a battery conviction are very serious; you need a skilled and experienced Denver battery lawyer who understands the system and can work hard to mount an aggressive defense on your behalf.