Over 10,000 Criminal Cases Handled in the Denver Area

Lawyers Defending You Against Battery Charges

Battery and assault are closely related charges in Colorado — battery is essentially assault that succeeded in making physical contact. Where assault requires only that the accused attempted to cause another person to fear harm, battery requires an intentional act that resulted in offensive physical contact or bodily injury. In Colorado, battery-type conduct is typically charged under the assault statutes, and the degree of the charge depends on the circumstances, the severity of injury, and whether a weapon was involved.

Battery charges can range from a Class 1 misdemeanor (third-degree assault involving knowing or reckless bodily injury) to a Class 3 felony (first-degree assault causing serious bodily injury with a deadly weapon). The distinction matters enormously for sentencing purposes. A third-degree assault conviction can result in up to 364 days in county jail; a first-degree assault conviction, as a crime of violence, carries a presumptive range of 4 to 12 years in the Colorado Department of Corrections.

Our attorneys have handled thousands of assault and battery cases in Denver, Jefferson County, Arapahoe County, Adams County, and Douglas County. We examine the facts of each case carefully, beginning with whether the prosecution can actually prove each required element of the charge.

Common defenses in battery cases include:

  • Self-defense or defense of others — Under CRS 18-1-704, the use of force is legally justified when a person reasonably believes it is necessary to protect themselves or another from imminent unlawful force, provided the force used is proportional to the threat
  • Lack of intent — Battery charges require intentional or knowing conduct; accidental contact does not satisfy the mens rea requirement
  • Insufficient evidence of injury — For charges requiring actual bodily injury, the severity of injury is an element the prosecution must prove
  • Mutual combat — Where both parties engaged in a voluntary physical confrontation, this can complicate the prosecution’s narrative
  • False accusation — Battery allegations frequently arise from domestic conflicts, disputes, or contentious personal situations where accounts are disputed

To discuss your case, contact us or call 303-825-1075 for a free consultation.

Battery as Domestic Battery Charges in Colorado

Battery charges are among the most commonly filed charges in Colorado domestic violence cases. When law enforcement responds to a domestic incident and finds evidence of physical contact — even minor — they are required by Colorado’s mandatory arrest statute to make an arrest if they have probable cause to believe domestic violence has occurred. The decision to pursue charges then shifts to the prosecutor, not the alleged victim.

A domestic violence enhancement on a battery charge carries consequences beyond the criminal penalties. It triggers:

  • A mandatory protection order that restricts contact with the alleged victim and may affect where you can live
  • A firearms prohibition under both Colorado and federal law for the duration of the case and upon conviction
  • Mandatory domestic violence treatment as a condition of any probationary sentence
  • A permanent record that affects subsequent charges — a second domestic violence charge triggers mandatory minimum sentencing under Colorado’s habitual offender provisions

Even if the alleged victim does not want to press charges, the prosecutor can — and often does — proceed independently. An experienced defense attorney can evaluate whether the evidence supports the charge, challenge the mandatory protection order where appropriate, and work to avoid a conviction that carries lasting consequences.

At Shazam Kianpour & Associates, P.C., we offer free consultations and are available 24/7 at 303-825-1075.

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Denver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.