In Colorado, assault is generally defined as "knowingly" or "recklessly" causing bodily injury to another person (Colo. Rev. Stat 18-3-202). Assault requires that there is an attempt and present ability to injure another person. Many times you will see "assault and battery" charged together, however, you can be accused of one without the other. While battery always involves the willful and unlawful touching of another person, assault does not necessarily have to involve any contact.
There are several defenses to assault, including the following:
- Self Defense: This is the strongest and most common defense to assault. Many times, it is provable that one felt threatened personally or was defending someone else in danger. In most cases, it is either a mutual combat or self defense situation.
- Consent Express and Implied: Express consent is much more clear than implied consent, because you are giving someone permission to touch you for a certain situation or amount of time. Implied consent is consensual until it isn't, in which case the prosecution has to prove that the assault was beyond the scope of the implied consent.
Assault charges are extremely serious and usually come with severe penalties. Most assault charges include jail time, although a prison sentence is probable if you are a repeat offender. The specific sentence depends on a variety of factors, including past criminal history, the seriousness of the incident, and the quality of your legal representation.
Under the Constitution, every case is entitled to nothing less than the best representation. With our knowledge and skill, we will work hard to convince a jury and the prosecution that the defendant is innocent. To learn more about how we can help you, call 719-227-0230