Aggravated battery is considered a serious violent felony offense in Colorado. Unlike basic battery charges, aggravated battery involves causing serious bodily injury through the use of a deadly weapon or extreme physical force. This article examines key aspects of Colorado aggravated battery laws – from statutory definitions to defense strategies. Read on to understand constitutive elements, sentencing, and how a skilled assault and battery lawyer can assist in fighting such severe accusations.
The Legal Definition of Aggravated Battery in Colorado
Under Colorado Revised Statutes 18-3-202, a person commits aggravated battery if he/she:
- Causes serious bodily injury to another person
- Causes bodily injury with a deadly weapon
- With intent to disfigure someone, causes bodily injury that results in permanent disfigurement
- With intent to destroy, amputate, or permanently disable a body part, causes bodily injury that results in permanent disability or disfigurement
This statute makes aggravated battery a Class 3 felony in Colorado, punishable by 4 to 12 years in prison and/or $3,000 to $750,000 in fines.
If the victim is pregnant and the defendant knew it, aggravated battery is elevated to a Class 2 felony with harsher penalties of 8 to 24 years in prison and/or $5,000 to $1 million in fines.
Some key factors in the aggravated battery definition are:
- Serious bodily injury – This means injuries that involve a substantial risk of death, serious permanent disfigurement, or impairment of any body part or organ. Examples include broken bones, deep lacerations, and injuries requiring surgery or hospitalization.
- Deadly weapon – Guns, knives, and blunt objects obviously count as deadly weapons. But other objects like scissors, rocks, belts, etc. could also be considered deadly weapons if they are used in a way likely to cause serious injury.
- Permanent disfigurement – Scars, loss of body parts, or other permanent visible damage could constitute disfigurement under Colorado law. The disfigurement does not necessarily have to impact the victim’s health.
- Permanent disability – This refers to the permanent loss of any bodily function. Examples include loss of eyesight, loss of hearing, paralysis, or loss of limb function.
What Are the Penalties for Aggravated Battery in Colorado?
As mentioned above, basic aggravated battery is a Class 3 felony carrying 4 to 12 years in prison. But if certain aggravating factors under C.R.S. 18-3-202(2) are present, the possible sentence increases dramatically:
- If a deadly weapon is used in the battery, the sentence rises to 10 to 32 years in prison
- If the victim suffers permanent disability or disfigurement, the sentence rises to 10 to 32 years in prison
- If the victim is pregnant and the defendant knew it, the charge rises to a Class 2 felony with 8 to 24 years in prison
In addition to years behind bars, those convicted of aggravated battery face fines of up to $1 million depending on the severity of the circumstances. They will also have a permanent felony conviction that makes finding a job, renting an apartment, and restoring gun rights extremely difficult.
How is Aggravated Battery Different from Simple Battery in Colorado?
The key distinction between aggravated battery and simple battery/third-degree assault is the presence of a deadly weapon, serious injury, or intent to maim or disfigure the victim.
According to C.R.S. 18-3-204, third-degree assault/simple battery involves:
- Knowingly or recklessly causing minor bodily injury
- With criminal negligence, causing bodily injury with a deadly weapon
- Causing someone to come into contact with bodily fluids or waste
Simple battery is a misdemeanor in Colorado, punishable by up to 2 years in jail and fines up to $5,000. The injuries involved are less severe and no weapons or intent to disfigure/disable is required.
While both charges involve violent attacks, aggravated battery is considered much more dangerous to society. That is why the aggravated battery is punished as a felony while the simple battery is a misdemeanor. Reach out to an experienced felony defense lawyer if you find yourself dealing with aggravated battery charges.
What Constitutes Aggravated Battery Against a Peace Officer in Colorado?
Aggravated battery charges become even more serious when the victim is a peace officer engaged in official duties.
Under C.R.S. 18-3-202(2)(c), aggravated battery against a peace officer is a Class 2 felony punishable by 8 to 24 years in prison and/or up to $1 million in fines.
For a peace officer aggravated battery charge, the prosecution does not have to prove serious bodily injury or use of a deadly weapon. Simply causing bodily injury to the officer is enough to trigger the harsh Class 2 felony punishment.
When Can Aggravated Battery Occur Without Weapon Use?
While deadly weapons represent the most common aggravating factor, extreme bodily force can also qualify if it produces sufficient victim injury. For example, pushings or beatings resulting in major wounds, disfigurement, unconsciousness or broken bones may constitute aggravated battery. However, unarmed attacks causing only minor to moderate harm remain simple misdemeanor battery.
When Might Misdemeanor Battery Charges Apply Instead of Felony Counts?
There are select situations where seemingly serious battery cases actually warrant lesser misdemeanor charges instead of aggravated felony status:
- Intimate partner violence within committed relationships
- Actions only meant to frighten or intimidate without intent to harm
- Reckless but not knowing/intentional mental state
- No weapon employed nor functional injuries inflicted
While less common, overcharging concerns do materialize for some battery arrests. Charges may improperly exceed culpable behaviors.
What Defenses Can Be Raised In an Aggravated Battery Case?
Fighting aggravated battery charges relies heavily on refuting the prosecution’s claim that a battery occurred or rejecting arguments that injuries were intentionally caused. Since it hinges on both battery and harm severity, common defenses include:
- No unlawful contact – Battery requires nonconsensual touching or harm. The defendant may claim lawful activities like tackling someone committing a chicago gun crime lawyer, self-defense actions, or consensual physical contact during sports/leisure.
- No intent – Injuries caused by pure accident or negligence undermine claims of intent to harm. For example, shoving someone who falls badly cannot be blamed as intentional.
- Misidentification – Eyewitness mistakes or unclear security footage can falsely identify the perpetrator. An attorney may demand proof you committed the alleged battery.
- No serious injury – Defense arguments may label injuries as minor or pre-existing to defeat aggravated charge elevation arguments.
- Provocation – Actions in response to violence against oneself or loved ones can sometimes justify self-defense responding.
Working with an experienced criminal defense lawyer is vital to navigating technical arguments regarding consent, intentional harm, injury severity disputes, and self-defense privilege.
Contact a Colorado Springs Criminal Defense Lawyer
Aggravated battery charges should never be taken lightly. Our criminal defense attorneys provide aggressive representation for clients facing assault allegations in Colorado Springs and surrounding areas. With former prosecutors on staff, we know how to dismantle the prosecution’s case and protect your freedom.
