Domestic violence (DV) charges in Colorado are a serious matter, with lasting consequences beyond the immediate legal penalties. If you or someone you know is facing a DV charge, it’s crucial to understand the complexities of Colorado law, the potential consequences of a conviction, and the importance of seeking qualified legal representation. Contact The Harrell Law Firm, PLLC to schedule a free consultation.
Why The Harrell Law Firm, PLLC For Your Domestic Violence Case?
When facing as serious of an issue as domestic violence, you need the right attorney by your side. Here’s why The Harrell Law Firm, PLLC is the right choice:
- We’ve been handling criminal matters – including domestic violence cases – for years and know what tactics prosecutors use and how to respond to them.
- We truly listen to our clients and treat them like we would want our own family members to be treated.
- Our team has secured numerous dismissals, acquittals, and favorable plea agreements for clients facing domestic violence charges.
How an Attorney Can Help You With a Domestic Violence Charge
If you’ve been accused of domestic violence, it is crucial to consult with a skilled criminal defense lawyer immediately. Here’s how they can help:
- Interview witnesses, review any available evidence (such as photographs, medical records, or police reports), and identify potential weaknesses in the prosecution case.
- Based on this investigation, your lawyer will develop a legal strategy tailored to your specific situation.
- In some cases, your attorney may advise you to pursue a plea bargain, where you agree to plead guilty to a lesser crime or receive a lighter sentence. A defense lawyer will only suggest this route if it represents your best chance of avoiding severe consequences like lengthy prison time.
What is Domestic Violence in Colorado?
Unlike other states, Colorado does not treat domestic violence as a separate and distinct crime. Instead, domestic violence is an add-on. When a criminal offense is committed, and the prosecutor believes they can establish that the alleged victim is an intimate partner of the defendant, they will add a domestic violence enhancement.
Domestic violence is defined as: “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
“Intimate relationship” means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”
Court-Issued Protection Order Upon arrest
Upon pending domestic violence charges, a court-issued protection order requiring distance from the alleged victim will be put in place. Violating this protective order is a class 1 misdemeanor and can lead to severe penalties, such as up to 364 days in jail and/or fines of up to $1,000.
Penalties For Domestic Violence in Colorado
In Colorado, the sentence for domestic violence depends on the underlying charge. The following additional penalties can be implemented upon conviction of domestic violence:
- The defendant may be ordered to complete a domestic violence treatment program.
- The judge can deny home detention if the defendant lives with the victim.
- The judge has to consider the safety of the victim and community before they can agree to put the defendant on probation instead of sending them to jail.
- The defendant must surrender all firearms upon conviction for domestic violence – misdemeanor or felony.
Additionally, prior domestic violence convictions can lead someone to be labeled a habitual offender:
“Under current law, a person who is convicted of a misdemeanor involving an underlying factual basis of domestic violence and who has 3 prior convictions that include an act of domestic violence can be convicted as a habitual domestic violence offender, which is a class 5 felony.”
This carries one to three years in prison and/or a fine of $1,000 to $100,000 in addition to the punishments related to the underlying crime.
Contact The Harrell Law Firm, PLLC To Schedule a Free Consultation
As a defendant facing charges of domestic violence, it can be a difficult and isolating experience. However, it is important to understand that legal help is available. If you or someone you know is facing such charges, contact The Harrell Law Firm, PLLC to schedule a free consultation.