In the Colorado criminal justice system, “assault” and “battery” are often used interchangeably but there are key differences between the two terms. Assault and battery are separate legal offenses and have distinct elements. These terms are also frequently used together, which can create further confusion. Understanding the difference between assault and battery can offer clarity for individuals facing such criminal charges.
Both offenses can lead to severe legal penalties, so you need to be certain about the legal strategy to defend against an assault or battery charge. You can also benefit from hiring a criminal defense lawyer to help you understand and respond to the charges.
Definition And Elements Of Assault
Assault is any intentional act that causes another person to suffer apprehension or fear of imminent bodily harm. No physical contact is necessary for an assault charge. Even placing another person in fear of bodily harm is an act of assault, even if the person suffers no physical harm. Assault is sometimes considered “attempted battery”
An assault charge is typically used when there is intent to cause harm. The intent of the person is inferred from their words or actions. Another key element of assault is the fear of harm. The victim must have suffered fear or apprehension that they are in imminent danger of physical harm. Lastly, assault charges require the perpetrator to possess the ability to carry out the threat.
For a case to qualify as an assault, it requires that an act be taken in furtherance of the threat of harm. Just having a reputation for being a violent person or an unreasonable fear of being harmed is not enough for an assault charge.
Example of Assault
Two individuals are engaged in a heated argument at a bar. One of the individuals raises their fist to punch the other person, but only threatens to do so, and makes no physical contact. The person who was threatened feared for their safety and expected imminent physical harm. This example meets the requirements for an assault case.
Definition And Elements Of Battery
The legal definition of battery is intentional offensive or harmful contact to another person without their consent. In many ways, battery is the completion of assault. Since assault is the threat of harm, battery is the act of causing harm. This is the reason the two are often charged together.
One of the key elements of a battery is intentional harm. For example, if someone accidentally hits another shopper with his grocery cart, that would not be considered battery. The act of battery does not require the victim to suffer a serious injury. Even touching someone without their consent can be considered a battery. The presence of aggravating factors, such as the use of a deadly weapon, could result in aggravated battery charges.
Example of Battery
Continuing from the assault example above, if the person in the bar actually punches the other person, that would be considered battery. Another example would be if two people are having a verbal altercation at the workplace, and one becomes increasingly agitated and shoves the other forcefully, causing that person to fall to the ground. Even if the incident does not result in severe physical harm, it can still lead to battery charges.
What Is The Difference Between Assault And Battery?
The primary difference between assault and battery is the act of causing harm. As the definition and examples above have elaborated, an assault only requires the apprehension of suffering imminent harm, while battery requires the victim to have suffered the act that they feared.
When an act or conduct is particularly egregious, the person may be charged with aggravated assault or battery. According to Colorado Law, there is no difference between assault and simple assault as there is no category referred to as simple assault.
There is often confusion about aggravated assault vs battery. While both these charges can lead to serious penalties, aggravated assault typically involves more severe forms of physical contact or serious injuries. For example, the use of a deadly weapon with the intent to cause harm is often considered aggravated assault.
It is worth noting that the battery does not actually require direct physical contact. For example, if someone injures a person while trying to snatch a purse or bag from them, they can still be charged with battery even though they made no physical contact with the person.
Penalties For Assault And Battery Convictions
The penalties for assault and battery charges can vary depending on several factors, including the severity of the offense, the presence of a criminal history of similar convictions, and injuries of the alleged victim. The penalties can include fines, incarceration, probation, community services, and more.
The category of the charges will define the charges. For example, a class 1 misdemeanor assault charge will carry more severe penalties compared to a class 3 misdemeanor assault charge. Similarly, a felony assault or battery would carry more severe penalties, such as imprisonment in state prison. Aggravating factors, such as assault or battery on particularly vulnerable victims or the use of deadly weapons, can add to the severity of the penalties.
Legal Defenses For Assault And Battery Charges
While assault and battery are serious offenses and carry strict penalties, there are several legal defenses for such cases. Self-defense or defense of others is one of the most widely used legal defenses in assault and battery cases. For this defense to be successful, you have to prove that the other party intended to cause harm and your use of force was proportionate to the perceived threat.
Other legal defenses to assault and battery charges include the lack of intent, mistaken identity, and defense of necessity. You can also use an alibi if you can prove that you were elsewhere at the time of the alleged assault and battery incident.
Hire a Skilled Criminal Defense Attorney
Facing assault or battery charges? You need legal guidance and representation from criminal defense attorneys to defend against assault and battery charges. Please call us at the Law Office Of Richard B. Huttner to schedule a consultation. Our experienced criminal defense attorney focuses on Colorado criminal law and can provide legal guidance in assault and battery cases, and can guide you every step of the way.