Denver Battery Defense Lawyer
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
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.
Aggravated Battery in Denver
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:
- The 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.
- The victim of the battery is a police officer.
- If the victim of the battery is a child.
- The victim of the battery is an at-risk adult.
weapon is present. The weapon does not have to be used to increase the charges
to a felony.
Battery Charges & Domestic Violence in Colorado
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, battery is 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
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 attorney who understands the system and can work hard to mount an
aggressive defense on your behalf.
If you are facing charges of battery or assault and battery in the Denver
Kevin Cahill, a battery defense attorney at
(720) 548-2990 for a