Assault & Battery Lawyer in Colorado

Although assault and battery are civil claims that are frequently grouped together, they are distinct causes of action. Assault occurs when there is an intentional manifestation of “the apprehension of an imminent harmful or offensive contact with another by the conduct of the actor.” On the other hand, battery is an intentional act “where harmful or offensive bodily contact with another” actually occurs. Whether you are being sued for assault and/or battery - or looking to bring an assault and/or battery claim against another - the need for swift and efficient resolution is of utmost importance.

What Are the Elements of Assault in Colorado

In Colorado, there are two elements to prove an assault claim:

1. The actor acts with the intent of making a harmful or offensive contact with another or with the intent of putting another in apprehension of such a contact, and

2. The conduct of the actor actually places the individual in apprehension of an imminent harmful or offensive contact.

The term “reasonable apprehension of imminent contact” is analyzed on a case-by-case basis, and from the subjective viewpoint of the claimant (though also put through an objective reasonableness test). To determine whether the apprehension is reasonable, the fact-finder (either the judge or jury) must determine whether there is some act or action that indicates that the actor had the present ability to commit a violent injury on the person of another.

What Are the Elements of Battery in Colorado

​In Colorado, there are two elements to prove a battery claim:

1. The actor acts with the intent of making a harmful or offensive contact with another or with the intent of putting another in apprehension of such a contact, and

2. The conduct of the actor actually results in a harmful or offensive contact with another person.

The term “contact” refers to the intentional touching of another person or touching anything that is connected with or in contact with another's person.

A few examples of battery in Colorado include:

• Speeding and swerving while operating a vehicle resulting in another's physical injury;

• Shooting another;

• Medically operating on another without their consent;

• Forcefully feeding and/or medicating another; and

• Firing a weapon at an automobile to protect a house, thereby injuring a passenger.

Damages for Assault & Battery in Colorado

​Victims of assault and/or battery in Colorado are entitled to recover compensatory damages. In order to calculate this, the Colorado Supreme Court has enumerated five elements to be considered:

1. Fear, anxiety, indignity, and disgrace,
2. Physical injuries and nervous shock,
3. Pain and suffering,
4. Medical expenses, and
5. Loss of earnings.

Punitive damages are also available in assault and battery causes of action. These additional damages are awardable if the actor's conduct is attended by circumstances of fraud, malice, or willful or wanton conduct - and this must be proved beyond a reasonable doubt.

Contact a Lawyer Today

At Volpe Law, our assault and battery lawyers prioritize our client's interests and work diligently to resolve any and all situations where assault and/or battery is at issue. Contact us today at 720-441-3328 or complete a Consultation Request Form to request a Free Consultation.