Battery Defense Attorney

​In the state of Colorado, what is commonly referred to as “battery” in many jurisdictions is categorized under the umbrella term “assault” rather than being distinguished as a separate offense. The Colorado legal system outlines different degrees of assault, which include first-degree, second-degree, and third-degree assault.

batteryEach of these classifications entails different levels of intent, severity, and harm to the victim, as well as varying penalties upon conviction.

Third-Degree Assault:

The lowest level, third-degree assault, is the most analogous to what is often termed “battery” in other states. It is defined as knowingly, recklessly, or negligently causing bodily injury to another person. Third-degree assault is considered a Class 1 misdemeanor.

Penalties for Third-Degree Assault:

A Class 1 misdemeanor in Colorado can result in penalties including six to 18 months in jail and fines ranging from $500 to $5,000. Additionally, a conviction can have long-lasting consequences, including a criminal record, which may affect employment, housing, and other aspects of life.

Second-Degree Assault:

Second-degree assault involves intentionally causing bodily injury to another person with a deadly weapon, intentionally causing serious bodily injury, or intentionally drugging someone without their consent. The use of a deadly weapon or the infliction of serious bodily harm elevates the severity of the offense.

Penalties for Second-Degree Assault:

Second-degree assault is a Class 4 felony if done intentionally, knowingly, or recklessly, and a Class 6 felony if committed with criminal negligence. Penalties can include a prison sentence of up to 12 years for a Class 4 felony and up to 3 years for a Class 6 felony, along with substantial fines.

First-Degree Assault:

First-degree assault is the most severe form of assault under Colorado law and involves intentionally causing serious bodily injury to another person, usually through the use of a deadly weapon, or under circumstances that show extreme indifference to the value of human life.

Penalties for First-Degree Assault:

This is a Class 3 felony and can result in a prison term of up to 12 years, and in some instances, up to 32 years if extraordinary aggravating circumstances are present. Fines can also be substantial, ranging into the hundreds of thousands of dollars.

Additional Consequences:

All forms of assault may have additional legal consequences beyond imprisonment and fines, including probation, mandatory anger management classes, or other forms of counseling. Civil liabilities could also be a factor, where the victim may file a civil lawsuit seeking damages.

In summary, while Colorado law does not specifically use the term “battery,” the concept is incorporated within its statutes concerning assault. The degree of assault and corresponding penalties vary based on factors such as intent, the severity of the injuries inflicted, and the use of a deadly weapon. Convictions can result in a range of penalties from jail time and fines for third-degree assault to long-term imprisonment for first-degree assault. Given the complexity and potential severity of assault charges, legal representation is highly advisable for anyone facing such accusations.


{I had some very serious charges and needed the best representation I could find. Shimon was honest and confident and eased my nerves from the very first meeting. My case ended up being dismissed at arraignment, which Shimon knew beforehand because he was in contact with the DAs. He still showed up in court for my hearing and helped me seal the records. I definitely recommend Shimon to anyone in a legal predicament. I know that if my case had not been dismissed, I would have been glad to have chosen Mr. Kohn.

Krista Barthel

{I cannot say enough amazing, genuine and well deserved comments about Shimon and his staff at his office. I used his expertise for myself in a criminal case and cannot be more happier about the outcome. My husband and I both had again hired Shimon & Shawn. When you hire The Kohn Law Firm, they really truly work for you. It does not matter what day or time it is, Shimon gets back to you. I had several questions, and worries that were calmed on a simple phone call with beautiful Mia, who is so pleasant to talk with, Shawn who is a great fit there and working with the best, or Shimon. He did not at one time leave out any detail of all options that were at hand. He handled all aspects of my criminal case professionally and thoroughly. He has a calming demeanor to assure you that he understands what is at stake and works to the fullest ability for the absolute best outcome! I would most definitely call him for a 3rd time!

Heather Ellenbecker

{I've worked with Shimon on various cases professionally over the last 8 years. Shimon's knowledge of the law and professional demeanor and aggressive and effective defense of his clients set him apart from all of the other attorneys I have worked with over the years. He is smart, compassionate, and tenacious. I would highly recommend him and his services.

Lisa White

{Shimon enabled me to find a path for recovery from addiction and the recovery of my life as I now know it. I gave him as many reasons as possible to give up on me and he continued to fight. I owe a great deal of gratitude to Shimon as an attorney and as a human being, he is compassionate, professional and as real as they come in the legal system. I stood to lose my life as a habitual criminal and I trusted Shimon as to what I should do and he helped lead me out of one of the darkest times of my life. I was facing 32 mandatory years for drugs and Shimon negotiated me down to 6 years probation and treatment that has changed my life. I would insist anyone who needs to hire an attorney, this is the only man I would ever recommend. Thank you Shimon.

sam burke

{Shimon is a top defense attorney who gets the job done. He stays loyal to his clients and is always there when needed. He is the best attorney I have known. Very thorough. Mr. Kohn also isn’t afraid to stand up to the prosecuting side and go after what is right.


Shimon Kohn is the attorney to call when you need the best criminal defense lawyer. I will never have enough words to express my gratitude to him for how he helped my family. He was available to answer questions honestly and reassuringly within a reasonable timeframe.
He exeplified professionalism, compassion and expertise. His professional and personal relationship with the district attorney's office is unparalleled in this community. Shimon is definitely to whom I will refer anyone and everyone who requires legal services.


{It is difficult to find truly ethical people who care in this money driven industry. Shimon handled my case quickly and ethically and was able to work within the confusing legal system to get the desired and justified outcome. I would highly recommend Mr Kohn to anyone who needs a strong legal defense and wise counsel. He not only laid out the details of my case well, he took the time to sit with me and explain when his services would NOT be useful. He was an ally in the courtroom and been a great resource outside the courtroom. Donny C.

Donny C.

{Shimon was assigned to my cases when there were many conflicts. He became the gateway to being heard on my case. Of course I had guilt to some degree, but Shimon stood up & fought for reasonable consequence. He was thorough with organization, facts, and persistent with the DA. The respect I was given during my time of incarceration to assure I wasn’t left in the dark, is absolutely the best I’d experienced. I have, and will always recommend Shimon & his law firm for their accountability, their desire to make you feel like you’re heard/personable, attention to detail and respectable reputation! What is right is right and what is wrong is wrong, but the fairness and overall justice with Kohn Law Firm is highly recommended!

Courtney Goode

Positive: Professionalism, Quality, Responsiveness, Value
Julian was a pleasure to meet, and work with.  What initially drew me to his counsel was his enthusiasm at working with my case, comprehensively,  and with my best interests not only in mind, but in heart as well. Like many, my financial situation was greatly impacted during 2020, and they were willing to set up amicable payment options that catered well to my specific needs at the time, which greatly helped. I would strongly recommend of course Julian,  as well as the firm as a whole,  as my experience was highly professional,  and thorough.

Roger Stacy

Positive: Professionalism, Quality, Responsiveness, Value
We heard from Shimon through a family member and decided to go with him for our case which was a felony. He gave it to me straight and never promised a deal. the DA was being very agressive and wouldn’t lower the charges but nonetheless Shimon kept the pressure on them and we got the case dismissed! Obviously it’s not a guarantee he can do the same for anyone else but let me tell you this is the best lawyer in the springs he will fight tooth and nail and not try to feed you BS. I do not wish to ever have any more legal trouble but if we ever do find ourselves in a bind Shimon is the only lawyer we will ever need. I would highly suggest to anyone else if you want to sleep well at night hire this man! Thanks Shimon! You are definitely worth every penny!

Karina Gutierrez Ramos


Contact Us Now!

best colorado springs criminal attorney

“Julian Rosielle Went above and beyond for my case!! Anyone would be lucky to have him for legal representation, this man is a fighter! Thank you so much you saved my future and my career” – Robert Sanhueza