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It can be. A prosecutor can charge the crime of battery as either a felony or a misdemeanor depending on the facts of the case and the defendant’s criminal history. Most jurisdictions say that battery is a felony offense if it rises to the level of an “aggravated battery.” A person commits aggravated battery when: …
Assault and battery are two separate crimes in Colorado law. Assault is unlawfully causing injury to another person, such as through punching, hitting, or kicking. And battery – which is more commonly referred to as menacing (CRS 18-3-206) in Colorado – is using threats or actions to try to place a person in fear of …