Fact: According to Colorado Revised Statute § 18-3-204, simple assault doesn’t require physical contact—even yelling could be interpreted as assault if it meets specific legal standards.
Introduction
Many people assume yelling is just rude, not criminal. But what if a heated argument turns into a legal nightmare? Let’s explore when yelling becomes simple assault under Colorado law—and how you can protect your rights.
What Is Simple Assault Under Colorado Law?
In Colorado, simple assault is defined under C.R.S. 18-3-204 as knowingly or recklessly causing bodily injury to another person, or threatening such harm.
There are 3 key elements:
- Intent – Did the person mean to cause harm or fear?
- Action or Threat – Was there a physical act or verbal threat?
- Injury or Fear of Injury – Did the victim experience harm or fear of harm?
Note: You don’t have to touch someone to be charged with assault in Colorado.
⚖️ Key Takeaways:
- Yelling can be considered assault if it includes threats or causes fear of injury.
- Physical contact is not required for a simple assault charge.
- Assault is a Class 1 Misdemeanor, punishable by jail time and fines.
Can Yelling Alone Be Simple Assault?
Short answer: Sometimes, yes.
According to legal precedent and prosecutorial discretion, yelling by itself is not assault unless it:
- Contains a threat of physical harm
- Creates a reasonable fear of immediate danger
- Is accompanied by aggressive gestures or body language
“Assault in Colorado doesn’t require touching—just the intent and threat can be enough,” says criminal defense attorney sources from FindLaw and NOLO.
Examples Where Yelling Might Be Considered Assault:
- Screaming “I’m going to punch you!” while approaching someone
- Shouting threats during a road rage incident
- Yelling violently at a domestic partner with raised fists
Examples Where Yelling Might NOT Be Assault:
- Yelling in frustration without threats
- Loud arguments where no threat or physical aggression occurs
- Expressing political views loudly (protected under First Amendment)
Key Takeaways:
- Context matters: courts will assess tone, gestures, relationship, and threat credibility.
- Witnesses, video, and police reports can sway the outcome.
- It’s not illegal to yell—but it can become illegal very quickly.
Colorado Law: Harassment vs. Simple Assault
Sometimes, yelling falls under harassment instead of assault.
Colorado Harassment (C.R.S. 18-9-111):
Defined as intent to harass, annoy, or alarm another person through:
- Obscene language or gestures
- Repeated communication (calls, texts)
- Threatening language that doesn’t rise to assault
“Yelling obscenities can be charged as harassment, especially in domestic or workplace settings,” according to Colorado Springs Criminal Defense, LLC.
Penalties for Harassment:
- Class 3 Misdemeanor
- Up to 6 months in jail
- Fines up to $750
What Are the Legal Penalties for Simple Assault?
Simple assault in Colorado is a Class 1 Misdemeanor. If convicted, you could face:
- Up to 18 months in county jail
- Fines up to $1,000
- Mandatory anger management classes
- A permanent criminal record
If the yelling involved a domestic partner, it could be labeled domestic violence, triggering:
- Restraining orders
- Loss of firearm rights
- Domestic violence treatment programs
Did You Know?
Even first-time offenders can face serious consequences, especially if alcohol or prior disputes are involved.
Defending Against a Simple Assault Charge in Colorado
If you’ve been accused of assault for yelling, you have options.
️ Common Legal Defenses:
- Free Speech – Protected by the First Amendment if no threats were made
- Lack of Intent – You didn’t mean to scare or threaten anyone
- Self-Defense – You were yelling to defend yourself or de-escalate
- False Accusation – No reliable evidence supports the claim
“The burden of proof lies on the prosecution. They must show intent and fear, not just volume,” explains the team at Colorado Springs Criminal Defense, LLC.
Why Choose Colorado Springs Criminal Defense, LLC?
- 25+ Years Combined Experience
- Licensed Colorado Criminal Defense Lawyers
- Located in the Heart of Colorado Springs
- Thousands of Cases Defended
- Affordable Fees & Flexible Payment Plans
- Personalized Attention, Not Cookie-Cutter Defense
Contact Info:
Colorado Springs Criminal Defense, LLC
10 Boulder Crescent Street #301, Colorado Springs, CO 80903
719-578-3344
What Our Clients Say
“They got my assault case dismissed—when no one else could. Highly recommend!” – J.R., Colorado Springs
“Responsive, professional, and compassionate. These guys know Colorado law.” – S.L., El Paso County
Frequently Asked Questions (FAQ)
Q1: Can yelling during an argument lead to arrest?
A: Yes—especially if threats are made or someone feels endangered.
Q2: Is yelling a protected form of speech?
A: It can be, but not if it includes threats or incites violence.
Q3: Can I be charged with assault for yelling at my spouse?
A: Possibly, especially in domestic violence cases where there’s a pattern of intimidation.
Q4: Do I need a lawyer for a simple assault charge?
A: Absolutely. Even a misdemeanor assault conviction can damage your future.
Key Takeaways
- Yelling can be simple assault in Colorado if it contains threats and causes fear.
- No physical contact is required for a charge.
- Context, intent, and evidence determine legal outcomes.
- A criminal defense lawyer is essential to protect your rights.
- Not all yelling is illegal—but all yelling carries legal risk.
Conclusion
Yelling in itself isn’t illegal—but if it’s threatening or aggressive, it could lead to a simple assault charge under Colorado law. At Colorado Springs Criminal Defense, LLC, we’ve helped hundreds of people fight back against unfair charges, including cases involving yelling, verbal threats, or misunderstandings.
If you’re facing accusations, don’t leave your future to chance.
Call us at 719-578-3344 for a free consultation.
