Experienced Colorado Assault & Battery Charge Defense Lawyer

Serving Western Colorado Including These Areas: Aspen, Avon, Breckenridge, Carbondale, Glenwood Springs, Grand Junction, Montrose, and The Vail Valley.

Assault charges typically occur because a verbal argument escalates into a physical altercation. Whether a random tussle in the street, a bar fight or an incident of domestic violence, assault and battery charges are serious, and they require a serious response. It is important that you hire an attorney early on in your ordeal so your rights are adequately protected from overzealous prosecutors and police.

I am Mark S. Rubinstein, and I am here to represent you and defend your rights. Contact my law firm online or call 970-704-0888 or toll-free at 1-855-704-0888 to schedule a free consultation to discuss your case.

Assault Crimes Can Be Deceiving

Police officers can make hasty decisions in assault cases. For instance, suppose Joe starts a fight with Jack in a parking lot with people watching. Jack takes some abuse but then lets loose and punches Joe, just in time for the cops to see Joe collapse.

This is not an uncommon situation, because the victor of the fight can look like the instigator—even if they are not. That is why it is crucial to contact an experienced Colorado assault and battery lawyer to defend your rights.

Assault and Battery in Colorado

There are important legal differences between assault and battery. These crimes are also charged under different levels of criminal offense, depending on the severity of the crime. I have been defending clients in criminal court for more than 20 years, and I know the importance of understanding the law.

  • Third-degree assault: Any reckless or negligent act that injures another person
  • Second-degree assault: Any reckless or negligent act that injures another person and involves the use of a deadly weapon
  • First-degree assault: Any act that causes serious injury to another person and that uses a deadly weapon. Acts that seriously injure public servants, such as police officers, also fall under first-degree assault in Colorado.
  • Battery charges: These charges often fall under “menacing” offenses, which are threats that put another person in fear of imminent harm. Menacing charges are typically misdemeanors, but they can become felonies when a deadly weapon is involved.

Know the Consequences of an Assault Conviction


Regardless of the severity of the charge, any conviction for assault will result in a permanent criminal record. Conviction on a felony assault charge can be even more serious, with possible mandatory sentencing including jail time. A conviction can also hinder your opportunities for employment, leasing property and even admission into college. Here is a rundown of the penalties in Colorado for assault and battery charges:

  • Third-degree assault is a misdemeanor that carries a $500-$5,000 fine and 6-18 months of jail time;
  • Second-degree assault is a felony that carries a fine of up to $500,000 and prison time of up to 12 years; and
  • First-degree assault is a felony that carries a fine of up to $750,000 and up to 24 years in prison.

With the above penalties, the judge has significant discretion in sentencing within the given ranges.

Aggravating and Mitigating Factors

To determine the exact fine and jail time, a judge considers the circumstances surrounding the assault, as well as all aggravating and mitigating factors.

For instance, if Jane gets into her car and attempts to run down her neighbor, a judge would consider this an assault with a deadly weapon. The use of a weapon is an aggravating factor that will likely increase Jane’s penalty. Here are some examples of other aggravating factors a court considers when determining the penalty for any given case:

  • Assault on an elderly person;
  • Assault on a disabled person;
  • Sexual assault;
  • Committing an assault with the intention of committing a more serious offense (e.g., robbery, rape); and
  • Domestic violence.

If the people involved in an assault offense are either currently or formerly in an intimate relationship, charges in the case will be enhanced to domestic violence. This “sentencing enhancer” requires the accused to undergo a domestic violence evaluation and attend classes or psychological treatment as recommended by the evaluation.

A judge will also consider mitigating factors. These are factors that make the offense a bit less severe. For instance, if Jill provokes Jane, who then slaps her, the provocation may serve as a mitigating factor that results in a lesser sentence for Jane.

Experienced, Effective CO Assault & Battery Defense Attorney

My number one job as your assault & battery defense lawyer is to defend you against the charges made by your accuser. This process starts the moment you contact me and accept my offer to represent you. First, I will determine if the district attorney has enough evidence to support the charges against you and ultimately obtain a conviction. I will also make sure that the evidence was not gathered illegally and that none of your rights were infringed upon in the process of the investigation.

Many times, the case can be dismissed due to evidentiary defects, or a deal can be struck between the prosecutor and the accused. The decision to take your case before a jury is one we will make together after we have thoroughly analyzed the evidence. If you choose to make a deal, I will make sure you are aware of the long-term consequences of any plea agreement before you accept one.

Additional Practice Areas We Serve

In addition to assault & battery defense, we also offer criminal defense for the following matters:

Contact a Colorado Assault & Battery Defense Lawyer Today

I serve clients all across Western Colorado. If you or a loved one has been charged with an assault crime, do not hesitate to contact Mark S. Rubinstein, P.C., online or by telephone at 970-704-0888 or 1-855-704-0888 toll-free. I am dedicated to providing my clients with an outstanding customer service experience. That means prompt responses to e-mail and voice messages as well as experienced, effective representation.