Didn’t Start the Fight? Assault May Still Apply

While many people take precautions against the possibility of an assault by taking self-defense classes or carrying around pepper-spray with them, these same people don’t take the necessarily precautions with respect to the law.  What potential victims don’t know is that they themselves could face assault and battery charges should they fight-off an attacker or other threatening person.  For instance, how would you protect yourself if, after fending-off and attacker, police arrived on the scene decided to arrest both the attacker and you.  Worse yet, what if the attacker then accused you of assault and battery and because you had no witnesses present, you suddenly faced criminal charges and all the consequences associated with that conviction?

While the above example may seem like a worst-case scenario, assault and battery charges can apply to anyone involved in many common altercations that erupt into violence such as bar fights or even the consensual after-school fights of high-school children. In such cases, law enforcement officers may charge both—or all—parties involved with assault and battery regardless of who instigated the conflict.

Depending on the particular circumstances surrounding a conflict, the consequences of an assault and battery conviction can utterly ruin your life. Anyone charged with assault and battery in the state of Colorado should contact a criminal defense attorney as soon as possible to protect him or herself from hefty fines and considerable prison sentences.

First Degree Assault (often considered class 3 Felony carrying 8 – 24 years in prison)

• Intentionally caused serious bodily injury to someone with a deadly weapon,
• Knowingly engaged in conduct which created a grave risk of death to another and resulted in injury,
• Intentionally destroyed, disfigured, or amputated the member of another person,
• Threatened a police officer or firefighter with a deadly weapon with the intent of causing serious bodily injury.

Second Degree Assault (often considered class 4 felony carrying 4 – 12 years in prison)

• Intentionally or recklessly caused injury to someone using a deadly weapon,
• Intentionally caused mental impairment or injury to someone with the use of a drug or substance, or
• Caused injury while attempting to prevent a police officer or firefighter from doing their job.

Third Degree Assault (misdemeanor offense carrying up to 3 years in prison)

• Knowingly or recklessly caused bodily injury to someone.