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.
- “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.
- “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.
- “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?
- Child Abuse
- Criminal Mischief
- False Imprisonment
- 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.