Domestic Violence

Domestic Violence Lawyer in Denver, CO

Domestic violence itself is not an actual crime.  Instead, domestic violence is a “tag” or aggravator to any criminal charge where the alleged victim and the accused have had previously or currently have a personal relationship.  

A person can commit a criminal act aggravated with domestic violence even when no physical contact or physical injury has occurred.  For instance, harassing behavior such as repeatedly calling or texting a person can be considered an act of domestic violence for the purposed of the law.

Domestic Violence Tag/Aggravator Defined: 

Colorado is a mandatory arrest state, which means police must arrest anyone they have probable cause to believe committed domestic violence.

  1. “Domestic Violence” means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. 
  2. “Domestic Violence” also includes any other crime 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 action is or has been involved in an intimate relationship. 
  3. “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.

Our domestic violence defense lawyers have a thorough understanding of Colorado state domestic violence laws to defend our clients against false accusations. 

What types of crimes are charged with a Domestic Violence aggravator?

  • Assault
  • Harassment
  • Child Abuse
  • Criminal Mischief
  • False Imprisonment 
  • Stalking
  • Sex Assault
  • Phone Harassment
  • Phone Obstruction
  • Violation of a Protection Order

However, these are not the only crimes that can be tagged as domestic violence cases, the enhancement/aggravator can apply to any criminal law violation. 

The Consequences and Penalties Associated with Domestic Violence Charges

Domestic violence charges can have lifelong consequences for the defendant. Specially because a domestic violence case, immediately generates a mandatory protection order that contains requirements that must be complied with by the defendant. 

A violation of a mandatory protection order is a Class 1 misdemeanor and could include penalties of 6 to18 months in jail, and/or fines of $500 to $5,000.

 Domestic violence accusations can be charged as felony and misdemeanor crimes. 

Felony Class 5: Could include penalties of 1 to 3 years in prison with the mandatory 2-year parole, and/or a fine of $1,000 to $100,000. If a person is charged with 4 or more domestic violence convictions, they would be considered a habitual offender and a new violation charged as a felony class 5. 

Misdemeanor Class 1: Could include penalties of 6 to 18 months in county jail, and/or fines of $500 to $5,000. If the misdemeanor charge is considered of extraordinary risk, the maximum jail sentence is 24 months. However, if the victim was an on-duty peace officer, EMT, firefighter, the maximum sentence can be 48 months. 

Misdemeanor Class 2: Could include penalties of 3 to 12 months in county jail, and/or fines of $250 to $1,000.

Misdemeanor Class 3: Could include penalties of up to 6 months of county jail, and/or fines of $50 to $750.

Misdemeanor charges could be probation eligible. 

Why Hire a Defense Attorney from GLaw Defense for Representation?

Our criminal defense lawyers understand the Denver judicial system and are in a better position to guide you throughout your case. Our criminal defense lawyers, pride themselves in developing good client-attorney relationships and working hard to attain the best possible resolution in your case. 

If you or someone you love has been charged with a crime in Colorado, contact one of our experienced GLaw Defense Attorneys at (303) 205-8495. Or, schedule a free consultation by clicking the link below. 

Child Abuse

Child Abuse Defense Attorney in Denver, CO

A person commits child abuse if such person causes an injury to a child’s life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child, as per CRS 18-6-401(1)(a).

The penalties for child abuse have a significant range depending on if the charge is a misdemeanor or a felony.  A second charge of Child Abuse after a prior conviction is charged as a class 5 felony.

By law, physicians, church administrators, counselors, psychologists, teachers, and many other professions are mandatory reporters of any suspicion of child abuse, neglect or endangerment.  

Regardless if there is some legitimacy to the charge, or it is a false accusation of child abuse, it can be one of the most harrowing experiences in a person’s life.  Their future with children may be at stake, especially if the charge is against a parent or trusted adult.  For this reason, if a person is accused of child abuse, in any form, they should talk to a criminal defense attorney so they may better understand the charges, the potential consequences and how to defend against the accusations.

When Would a Person Need a Child Abuse Attorney in Denver?

If you have been accused, you should not answer any questions until your criminal defense attorney has given you advice about your charges.

Because of the serious nature of child abuse allegations, law enforcement officers and social service workers will want to interview the accused.  However, the accused may incriminate themselves during the investigation. The interviewer may ask leading or vague questions in an attempt to examine the facts of the incident.  It is in your best interest to have the advice of a criminal defense attorney to know what you can and cannot say, in addition to what you should and should not say. 

A criminal defense attorney’s advice will guide you through the investigation and court processes with your best interest in mind during an overwhelming time.. Child abuse charges can have serious consequences, including loss of custody, prison time, expensive fees and/or lengthy classes to prevent reoccurrence. So, it is in your best interest to take child abuse charges seriously. 

Types of Child Abuse and Their Related Penalties

Child Abuse (Knowingly)

A person acts “knowingly” they are aware that their conduct is practically certain to cause the result.  A person who knowingly commits child abuse if they knew or should have known that their action could have caused injury or death to a child.  This can include physical abuse, mental abuse or even drinking and driving with the child present in the vehicle.

Child Abuse (Reckless)

A person acts “recklessly” if they consciously disregarding a substantial and unjustified risk that a result will occur or that a circumstance exists. A person recklessly commits child abuse if their actions endangered the child by putting them in a situation that posed the threat of injury or death to the child.  This includes engaging in ongoing conduct that led to malnourishment, lack of medical care, continued mistreatment, etc. that resulted in injury to or death of the child.

Child Abuse (Criminal Negligence)

A person acts “neglectful” when their conduct is a gross deviation from the standard of care that a reasonable person would exercise, that person fails to perceive a substantial and unjustified risk that a result will occur or that a circumstance exists. This includes placing a child in a harmful environment such as where drugs are being manufactured or where a known abuser may be.

Consequences for Criminal Child Abuse – What are the penalties under CRS 18-6-401?

Colorado law defines child abuse as harming a minor under 16 or placing that minor in harm’s way. The consequences for child abuse vary based on the victim’s age, whether the defendant acted recklessly, negligently, or knowingly, and whether the abuse led to a child being injured and the degree of that injury (up to death).

If no serious injury results, child abuse is a misdemeanor carrying up to 18 months in jail and/or $1,000 in fines. Otherwise, child abuse is a felony carrying 2 to 16 years in prison and/or $2,000 to $750,000 in fines.

Misdemeanor Penalties:

Could include up to 3 to 18 months in jail, and/or  fines of $250 to $1,000.

However, if the defendant acted with criminal negligence. The penalties are: 

Up to one year in jail, and/or a fine of $50 to $750.

Felony Class 2: Defendant acted knowingly or recklessly, child abuse that results in death.

Penalties: Could includer up to 8 to 24 years in prison, and/or fines of $5,000 to $1,000,000.

Felony Class 3: Defendant acted negligently.

Penalties: Could include up to 4 to 16 years in prison, and/or fines of $3,000 to $750,000.

Felony Class 4: Defendant acted with criminal negligence.

Penalties: Could include up to 2 to 8 years in prison, and/or fines of $2,000 to $500,000.

Felony Class 5: The defendant has a prior conviction for abuse of a minor in any state or territory of the United States, or the defendant was in a position of trust to the child and the child in the care is malnourished, make repeated threats of harm to the child, commit acts of domestic violence, participate in continuous behavior of cruel punishment.  

Penalties: Could include up to 1 to 5 years in prison, and/or fines of $1,000 to $100,000.

Why You Need an Experienced Child Abuse Defense Attorney

GLaw Defense has decades of experience successfully defending individuals charged with all forms and degrees of child abuse. Because of the potential consequences, you need to work with an experienced team of attorneys who will not jump to conclusions but will listen to you, investigate all aspects of the allegations, and then create a sophisticated legal strategy to protect your rights and properly defend you.

If you or someone you love has been charged with a crime in Colorado, contact one of our experienced GLaw Defense Attorneys at (303) 205-8495. Or, schedule a free consultation by clicking the link below.

Assault Lawyer

Assault Lawyer in Denver, CO

In Colorado Assault generally is defined as knowingly or recklessly causing bodily injury to another person. Battery (identified as “menacing” in some states) happens when a person knowingly causes a person to fear imminent serious bodily injury through threat or physical action. Assault is classified as follows: 

First-Degree Assault:

A person intentionally causes serious bodily injury, often by use or threat of use of a deadly weapon. It is often considered a crime of violence and it is a felony. Penalties for first-degree assault in Colorado: Could include up to 32 years in prison and fine of up to $750,000. 

Second-Degree Assault:

A person recklessly causes serious bodily injury to another person by means of a deadly weapon, or intentionally causes serious bodily injury to another person. It is often considered a crime of violence and it is a felony. Penalties for second-degree assault in Colorado: Could include up to 16 years in prison and a fine of up to $500,000. 

Felony Menacing: 

A person commits the crime of felony menacing when they put another in fear of immediate physical injury by the use of threat with a deadly weapon or an item that the person believes to be a deadly weapon. Or, a person represents to another that they are armed with a deadly weapon. Penalties for felony menacing in Colorado: Could include up to 3 years in prison and a fine of up to $100,000.

Third-Degree Assault:

Occurs when a person knowingly, recklessly, or through criminal negligence causes bodily injury to another person by means of a deadly weapon. It is consider a class 1 misdemeanor. Penalties for third-degree assault in Colorado: Could include up to 2 years in jail and a fine of up to $5,000. 

Why You Need An Experienced Assault Defense Attorney.

GLaw Defense has decades of experience successfully defending individuals charged with all forms and degrees of assault.  Because of the complexity of the charge of assault you need skilled attorneys to protect your rights as the accused.  Your attorney must understand the circumstances behind the charges and be able to help you navigate through the court process.  The range of potential consequences is large.  Your criminal defense attorney must ensure that you are charged appropriately based upon the alleged facts of the incident.  Then, your criminal defense attorney can help you navigate the system based upon your personal circumstances.  Assault charges require a sophisticated legal strategy developed by qualified attorneys to protect your rights and properly defend you. 

If you or someone you love has been charged with a crime in Colorado, contact one of our experienced GLaw Defense Attorneys at (303) 205-8495. Or, schedule a free consultation by clicking the link below.

Felony Offenses

In Colorado, crimes are classified as Felonies or Misdemeanors. If you are charged with a felony in Colorado you are facing a possible prison sentence. The Colorado Criminal Defense Attorneys at GLaw Defense have over 20 years of expertise defending people accused of serious felony offenses.

The Colorado Criminal Defense Attorneys at GLaw Defense have experience representing people accused of Murder, Sexual Assault, Burglary, Identity Theft, DUI, Forgery and many other criminal charges. Don’t trust your future to somebody who doesn’t have the experience to tackle serious issues. Call Colorado Criminal Defense Attorneys at GLaw Defense

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DUI Defense

Getting charged with Driving Under the Influence (DUI) doesn’t have to end with jail time. But the costs of a DUI can be quite high, especially if you lose your drivers license. The Colorado Criminal Defense Attorneys at GLaw Defense will challenge both the drunk driving case and the Colorado DMV license suspension.

Time is of the Essense!!

You have 7 days from the time of your arrest to request a hearing at the DMV.

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Juvenile Cases

The court process and possible consequences are different for children accused of a crime. The Colorado Criminal Defense Attorneys at GLaw Defense will fight for your son or daughter. The Colorado Criminal Defense Attorneys at GLaw Defense will answer all of your questions regarding the charges. They will also explain the immediate consequences of the charge, as well as how a criminal case could impact your child in their future.

Juvenile Records can be expunged.

Although juvenile records should be kept confidential, this is the age of information. Don’t risk it, contact the Colorado Criminal Defense Attorneys at GLaw Defense to have your child’s record expunged.

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Misdemeanor Offenses

Misdemeanor offenses in Colorado carry a possible sentence to the county jail. If you are charged with a domestic violence offense, theft, child abuse or any other misdemeanor call the Colorado Criminal Defense Attorneys at GLaw Defense

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Sealing Your Records

Having a criminal record can have a negative impact long after your case is done, even if your case was dismissed.

If your case was dismissed, you successfully completed a deferred judgment, or if you were convicted of a drug offense/petty offense you can contact the Colorado Criminal Defense Attorneys at GLaw Defense to get your record sealed.

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