In Colorado, 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 a relationship, including spouses, former spouses, past or present unmarried couples, co-parents, or a co-habitant when the violent or threatening act is used to coerce, control, punish, intimidate, or seek revenge.
When marital or family disputes go beyond a simple argument, and a spouse or family member loses control, a verbal disagreement can become physical. With emotions running high, especially if someone has been hurt, the police are involved, and an arrest is made, that’s only the beginning of trouble. What might have been resolved without violence becomes a criminal matter with consequences that could ruin families and lives.
At WeedenLaw, the founder, attorney Jeff Weeden, knows how quickly domestic arguments can escalate when tempers flare, emotions explode, and people react irrationally. When physical injuries occur between family members and a person is charged with domestic assault, the consequences they face if convicted may be severe.
Defense Strategies for Domestic Violence Cases
Unlike many other types of assault cases, Colorado prosecutors are usually unwilling to withdraw or dismiss charges upon a victim’s request. Therefore, since domestic violence cases are likely to proceed through the courts, effective defense strategies are critical. For more information, check out our blog: What Makes an Assault in Colorado a Domestic Assault?
Successful Defense for Domestic Violence Cases
A successful defense may include the following factors:
- Disproving the victim’s claims or statements.
- Lack of evidence of any injuries.
- Proving the alleged victim’s claim was purely vindictive.
- The defendant’s assault happened in the act of self-defense.
- The injuries were an accident.
- Lack of witnesses or corroboration by others.
- Violence was committed in the act of defending others, including children.
- Mutual combat.
- While defending property.
Though it’s unusual for a prosecutor to abandon a domestic assault case, if the alleged victim doesn’t want to pursue it, that may compel the district attorney’s office not to prosecute. With an attorney on your side, they can speak to the victim to determine whether they’re willing to end the case before it proceeds to court. Although a victim not wanting to proceed with the case doesn’t always convince the district attorney not to prosecute, a victim’s wishes can be persuasive. However, whether the case proceeds to a plea hearing or trial is entirely up to the prosecutor.
For the best chance of having a domestic violence case dismissed or charges reduced, it’s essential that you involve a criminal defense attorney skilled in the nuances of these cases.
Facts Surrounding Domestic Violence Cases
When you consult with a Colorado criminal attorney, the success of your defense depends upon your straightforwardness and honesty about what happened. While you may be embarrassed or even angry about being arrested when you feel it wasn’t your fault, attorney Jeff Weeden will always treat you with non-judgmental respect. With substantial experience successfully representing clients charged with various types of assault, Attorney Weeden understands that between intimate partners and family members, tempers can control the emotions of a person who is otherwise calm and reasonable.
Denver Attorney Jeff Weeden on Domestic Violence Cases
A trusted advocate during his nearly 15 years representing those accused of crimes, Denver domestic violence attorney Jeff Weeden has represented clients throughout Colorado, including Adams, Arapahoe, Aurora, Boulder, Broomfield, Denver, Douglas, Gilpin, Jefferson, Larimer, Morgan, Weld counties, and beyond.
Act Now—Call Attorney Jeff Weeden To Build Solid Defense Strategies Against These Serious Charges
For a free initial consultation, call 720.307.4330. Phone answers 24/7 and collect calls from inmates are accepted.