Do Not Let Denver Domestic Violence Charges Derail Your Life
Every day, as experienced Denver criminal defense attorneys, we see the results of Colorado’s incredibly stringent domestic violence policies. Reputations destroyed based on accusations and circumstantial evidence rather than proof. Careers cut short. Families torn apart.
At WeedenLaw, however, we are also well aware of the fact that domestic violence is an incredibly serious issue that needs to be stamped out. We do not believe that domestic abuse should ever be accepted, and fully support victims freeing themselves and their families from dangerous situations. We have a great deal of experience helping couples and families navigate these challenging waters.
Where Does Domestic Violence Happen the Most?
The simple answer, Denver domestic violence happens the most at home. Picture this: You and your spouse are arguing. Loudly and intensely. The way two close people argue when something really matters to them and they are struggling to keep their emotions in check.
It is one of those arguments that will necessitate both of you going to your kids afterward to assure them that mommy and daddy still love each other – they were both just really upset and did not know how to communicate it better.
Not one of your proudest moments, but it pales in comparison to what comes next:
There is a knock at your door. The police say they are investigating a report of a disturbance. Your spouse breaks down and cries from the stress of it all. The officers ask about the shattered plates and cups on the floor. Then you are handcuffed and taken away, still unsure what is happening.
We know that there are two sides to every domestic violence charge and that quite often, police officers are not able to or simply don’t care to get the full story. They can only report on what they see and how the situation seems to them when they arrive.
Does Someone Have to Get Arrested for Domestic Violence When Police are Called in Colorado?
Worse, the laws of our state do not give police officers discretion where domestic violence is concerned. In an effort to protect victims, the statutes say that if the police arrive and have probable cause to believe domestic violence occurred, they have to arrest someone. So, if there is evidence of a fight, they will pick the person who seems more likely to be responsible and take them in.
If you find yourself in a situation like this, you need to fight back quickly and aggressively with the strongest possible legal defense. Our attorneys have been successfully battling to protect the rights of the accused for years. They can help you, too. It starts with understanding the law.
Do I Need a Lawyer for Domestic Violence Charges in Denver?
Some states have actual domestic violence charges, but not Colorado. If you are charged with domestic violence here, what it really means is that you have been accused of a crime of violence against someone with whom you are or have been involved in an intimate relationship.
What is an “Intimate Relationship” in Colorado?
What does “intimate relationship” mean? Colorado defines this as two people who are:
- Parents of the same child (regardless of whether you have ever been married to each other or lived together)
- Spouses (current or former)
- Unmarried couples (current or former)
If someone acts violently against one of these individuals, domestic violence is an enhancement that is tacked on to other criminal charges and increases the penalties you face.
What kinds of criminal charges qualify? It is a large umbrella, because the law covers not only violent acts but also threats of violence, as well as those meant to coerce, control, intimidate, punish, or get revenge on intimate partners.
Denver Domestic Violence Examples
Some examples of possible domestic violence crimes are:
Assault and Battery
Again, these are just a few examples. There are many other acts that can fall under the umbrella of domestic violence.
How Do Denver Domestic Violence Penalties Work?
It starts with the consequences associated with the crime in question.
What is a Denver Domestic Violence Enhancement Charge?
For the sake of argument, let’s say criminal mischief, which in this case would involve destroying the property of someone with whom you are in a domestic relationship in an attempt to threaten, coerce, control, intimidate, punish, or get revenge on them.
So, you would face a charge of criminal mischief, which in Colorado can range from a Class 3 misdemeanor to a Class 2 felony, depending on the value of the property in question. In terms of penalties, this means anywhere from the possibility of six months in jail and a fine of $750 to the possibility of 24 years in prison and up to $1 million in fines.
What are Denver’s Domestic Violence Enhancement Consequences?
On top of those criminal mischief penalties, a domestic violence enhancement could add the following consequences:
- Completion of a domestic violence treatment program or evaluation – if the sentence does not include prison time
- Enhancement related to being labeled a Habitual Domestic Violence Offender – anyone who has been convicted on domestic violence three or more times in the past can be charged as a habitual offender, which will bump up even misdemeanor offenses to Class 5 felonies
- Loss of gun rights – there are both federal and state laws in place that prevent those convicted of or charged with domestic violence, or under a protective order (even a temporary protective order), from purchasing or possessing firearms or ammunition
- No possibility of house arrest – if you live in the same home as the alleged victim
- Probation less likely – court must take in to account the safety of the alleged victim before granting it
In addition to this, your criminal record would reflect the fact that you were convicted of an act of domestic violence – something that will stick with you long after the court case itself is over and you attempt to return to your normal life.
As you might imagine, there are a lot of people who will treat you differently once they learn about this type of crime. It can make it decidedly more difficult to find housing, get a good job, secure a loan, and more.
Denver Domestic Violence Charges Lawyer
Domestic violence charges in Colorado can derail your life – but they do not have to. With the right defense team, it is possible not only to minimize the damage you face, but even get your charges dropped or dismissed.
Our experienced Denver criminal defense attorneys have helped countless people in Denver and beyond to do just that. They will use every legal technique in the books to make sure that your rights are protected and you receive fair treatment throughout the case. With our lawyers on your side, you can be sure that your side of the story will be heard and that doubts will be raised about the prosecution’s arguments.
Ready to start fighting for your future and your family? Get in touch with our office as soon as possible to set up a free initial consultation by completing our easy online case review form, calling 720-307-4330, or emailing email@example.com.