Domestic Violence Attorney
Domestic violence charges in Colorado hold a unique space in the court. Domestic violence often acts as an element that enhances other crimes, like assault charges.
According to Colorado law, domestic violence is classified as an act of violence – or a threat of violence – against a person that holds an intimate relationship with the person. An intimate relationship under the Colorado Revised Statutes (C.R.S.) 18-6-800.3(2) is described as former spouses, unmarried couples within the present or past, spouses with a current relationship, or parents of at least one child who may or may not have married or lived together in the past.
This means that domestic violence is a sentencing enhancer rather than a crime unto itself. But, it is a sentence enhancer that is serious.
Also, in the Front Range, domestic violence will be fast-tracked. This means at the initial appearance the District Attorney will often have a plea offer ready for the defendant. Tempting as it might be, the initial offer, if accepted, can be onerous. Don’t accept the initial offer without consulting an attorney! Why? Every conviction of domestic violence requires that a person receive domestic violence counseling. This counseling is grouped into one of three levels: A, B, or C, with C being the most difficult. Further, if you are convicted of domestic violence, federal and state law will prohibit the ownership of firearms and ammunition.
It is important to hire an experienced domestic violence criminal defense lawyer. If you are charged with domestic violence in Colorado, you need someone who will fight for your rights and help you navigate the system. The District Attorney is an attorney, don’t you want to have an attorney on your side? Don’t you want an attorney to fight for your rights and present your side of the case?
Identifying Domestic Violence
Domestic violence is not restricted to physically harming someone else. It can take on many forms, such as breaking property, harassment through spoken word or texting, harming an animal, or using obscene language. Any of these elements can be seen by a police officer as cause to believe that the offense has been committed, in which case they must put you under arrest as according to Colorado’s mandatory arrest laws.
The state will also enforce a mandatory, temporary restraining order. When you are placed under arrest, you have the right to remain silent until you are able to speak with your criminal defense attorney.
Once you face a domestic violence charge in Colorado, the charge can not be dropped. Even if the one who filed the charge in the first place no longer wants to move forward, or you have forgiven each other, the prosecution must continue with the case. With this in mind, it is best to cut all contact with the other person until the case finishes. This means no physical contact, no texting, no e-mailing, or any other form of communication.
As painful as this may sound, communicating with the other person puts you at risk for losing your case, leading to loss of rights such as owning a firearm. During these sensitive times, a criminal defense lawyer can help build your case and plan to challenge this charge. Don’t wait for an attorney to rush a deal for you, contact us today.
Assault & Battery
A felony assault conviction in Colorado carries the weight of a mandatory prison term.