Charged With A Crime? It Doesn’t Mean You’re Guilty.

What Actually Counts as an Assault

| Jan 26, 2021 | Assault, Criminal Law |

It can often be confusing to determine what counts as an assault in Colorado. The reason for that is assault doesn’t have to be physically attacking a person but merely threatening a person with bodily harm in a convincing manner. The word “convincing” is the key term there. However, it is often the case where those threats turn into unlawful physical conduct. Read on to learn more about assault and the various components of this charge.

Are Words Assault?

One of the reasons that threatening to beat or kill someone is considered the assault crime of menacing is because those threats typically come with an action conveying intention to follow through on the threat. An example of menacing involves someone threatening to shoot a person and actively pointing their gun at them. There is a threat followed by a convincing act, so they have committed a crime.

Intent

According to criminal law, there must be an intent to cause harm to a person for it to be deemed an assault offense. In a court case, the person accused of assault must have understood that their actions would have led to serious consequences, such as the victim being injured or killed by their actions.

Imminent Harm

Another way to see if an assault crime has taken place is to look at the victim’s apprehension of imminent harm. Courts will look at the action and see if apprehension would appear in a reasonable person. However, it is important to note that this is not the same thing as fear. It means that the victim can clearly see that the other person is taking action to harm them.

If you’re looking at assault charges, it is important to contact an attorney as soon as possible. Having an attorney at your side may provide you with the necessary legal strategies to combat the evidence and accusations put forth against you.