Battery
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. It’s crucial to consult with a knowledgeable Denver assault lawyer to navigate these legal complexities and build a strong defense. to consult with a knowledgeable Denver assault lawyer to navigate these legal complexities and build a strong defense.
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 felony defense 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.
- A 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, under Colorado domestic violence laws, 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. In such challenging situations, having an experienced domestic violence lawyer by your side becomes imperative to navigate the legal proceedings and build a robust defense strategy..
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. Given the seriousness of these charges, consulting a Denver rape and sexual assault lawyer can be crucial for anyone facing such allegations, as they can provide legal guidance and representation.
- 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 Lawyer 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 lawyer 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 area, contact Kevin Cahill, a battery lawyer at (720) 445-9887 for a free consultation.
ATTORNEY KEVIN CAHILL
Denver Defense Lawyer Kevin Cahill never assumes that your case is a lost cause. He is a confident and fearless litigator who refuses to back down when he is fighting to protect the rights of his clients. Regardless of whether you are facing a felony or a misdemeanor, it is vital that you take the charges seriously and seek out legal representation as soon as possible so you can start building your defense. [ ATTORNEY BIO ]
