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What's The Difference Between Assault and Battery?

While many people are quick to stick the two together, assault and battery are two different crimes and can result in different penalties. It’s common, however, for prosecutors to charge individuals with both offenses, but they may only be pursuing the conviction of one. In this blog, our Denver criminal defense attorney explains the difference between assault and battery.


Under Colorado law, assault is a type of unlawful and purposeful threat to harm another person, or to commit an act of violence against them. To be charged with assault, there are a number of factors that must be determined – a prosecutor must prove that an act of violence took place, that you had the ability to carry out an act of violence, and that you committed the crime while carrying out another offense. The court will consider the nature of the crime, and depending on its severity, it can be charged as a misdemeanor or felony.


Batter occurs when an individual physically causes and carries out harm on another person – the offense encompasses the actual physical impact. Threatening someone with a baseball bat, for example, can be considered assault but using it to inflict harm, however, would be considered battery. In Colorado, battery charges fall under what’s known as menacing charges, which are threats that put another person in fear of imminent danger to his or her body.

At the Law Office of Joseph A. Lazzara, P.C., we understand the importance of protecting and safeguarding your future and liberties. When your rights are hanging in the balance, you should not hesitate to hire an aggressive litigator who is not afraid to stand up for you, in and out of the courtroom.

Put Attorney Joseph A. Lazzara on your side today and call (720) 809-8262 to schedule a free consultation.