What is necessary to prove assault?

If you were assaulted, you may worry that you lack evidence to bring your attacker to justice. You may wonder how exactly assault is defined under the law and whether you will be successful in making an allegation.

This is why you should first take the time to understand the basics of the law. The following is an overview of what you need to prove in order for a prosecutor to convict a person of assault in Colorado.

The individual acted in a way that caused fear of harm

First, you must show that the individual you are accusing of assault acted in a way that caused you to be apprehensive or fearful of being harmed. For example, the individual may have walked up to you very closely and attempted to throw a punch.

The individual acted intentionally to cause harm or fear of harm

The act that caused fear must have been done intentionally. The individual may have been trying to hurt you or trying to cause you to be fearful about becoming hurt. Either scenario can qualify as an instance of assault.

The individual does not need to have caused physical damages to be guilty of assault

Some people wrongly believe that a person must be injured to file for assault. However, this is not the case. Assault is the act of causing fear of harm, whereas battery is the act of causing physical harm.

If you have been assaulted in Colorado, you should take action by filing an accusation of assault. If you fear that it may happen again, you should consider obtaining a restraining order.

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