Miller & Steiert: Colorado Domestic Violence Lawyers
Under Colorado law, domestic violence (or DV) isn’t considered a crime on its own. Instead, it’s used as a sentencing enhancement for other crimes like assault, battery, stalking, child abuse, or false imprisonment. The heightened sentences for DV offenses can be severe, and if you’ve been accused of DV against a spouse or another intimate partner, you could be facing an extended period of time behind bars. Below, we’ll discuss how Colorado treats allegations of domestic violence and how a domestic abuse attorney can assist with your defense.
Ask a domestic violence attorney: What does Colorado consider domestic violence?
Colorado’s domestic violence laws are codified in C.R.S. 18-6-801. Domestic violence is classified as any violence against an “intimate partner”: a spouse, current or former significant other, or co-parent. Roommates or housemates aren’t considered intimate partners unless they also share children or a current or former romantic attachment.
Domestic violence may be used as an enhancement for the below crimes, among others:
- Assault
- Stalking
- Harassment and menacing
- Child abuse
- Elder abuse
- False imprisonment
The penalties for each of these crimes can be severe on their own; adding a DV enhancement can significantly increase the potential jail or prison sentence and any fines that are assessed.
One common misconception about DV in Colorado is that prosecutors won’t move forward with charges if the victim doesn’t want to; because Colorado is a mandatory arrest state, police don’t have the discretion to refuse to arrest someone they believe committed DV. A DV charge can also trigger a mandatory protective order (PO), preventing the accused from being around the victim, possessing firearms, or consuming alcohol. A defendant who violates a PO may be charged with an additional misdemeanor.
Having access to advice from a domestic violence attorney throughout this process can help prevent you from saying anything potentially incriminating or inadvertently violating a PO.
Ask a domestic violence attorney: What penalties could you face?
The punishment for a DV-enhanced crime will depend on the penalties for the underlying charge. Crimes like assault resulting in serious bodily injury can be charged as a Level 3 felony, which can carry a potential penalty of 8 or more years in prison even without any DV enhancement. Harassment and other crimes that don’t necessarily involve physical contact generally carry lower sentences than violent crimes.
In addition to extending the potential sentence for a crime, a DV enhancement can carry some additional DV-specific penalties. Offenders may be ordered to complete a DV treatment program, drug or alcohol treatment, or surrender any firearms in their possession. And offenders who are not U.S. citizens, even if they are in this country legally, could face deportation if they are convicted of any crime involving domestic abuse. This is why it’s important to seek advice from a domestic violence attorney before accepting any guilty plea the prosecutor may offer.
How domestic violence lawyers can help
Domestic violence lawyers have extensive experience in DV enhancements and in defending clients against the underlying criminal charges. If you’re accused of a crime involving DV, it’s important to enlist the help of an experienced attorney who has handled many similar cases and can give you a roadmap of what to expect from the process.
Because there are so many potential penalties associated with a DV enhancement, pleading guilty to a crime involving DV often isn’t the best solution—even if you feel you’re likely to be found guilty at trial. Your domestic violence attorney can work with you to evaluate any potential defenses that are available, including:
- Self-defense
- Defense of others
- Accident
- Mistaken identity or false accusation
- No intimate relationship with the victim
By fighting the underlying charge to which the DV enhancement has attached, you’ll eliminate the DV enhancement if this charge is dropped.
Self-defense or defense of others
Under Colorado law, you’re entitled to fight back if you feel your safety is being placed in danger by another person’s actions. Although you can’t escalate the altercation—for example, responding to a punch with a gunshot—you can use reasonable force to defend yourself without criminal consequence. In some cases, you can also engage in reasonable force to prevent someone from causing injury to a third party.
Accident
Most of the underlying crimes to which a DV enhancement will attach require the prosecution to prove that you knowingly or recklessly caused injury to another. Showing that any injury was purely accidental can often be enough to avoid conviction.
Lack of intimacy
Because a DV enhancement requires proof of an intimate relationship, showing that there was no intimate relationship between you and the accuser will eliminate any DV enhancement (and cause any protective order to be vacated). Mistakes are often made in the heat of the moment, and police and prosecutors may make incorrect assumptions about your relationship.
If you’ve been accused of DV under Colorado law, it’s crucial to consult with an experienced domestic violence attorney as soon as you can. The potential penalties for a DV-related conviction can be severe and lifelong; only by mounting a comprehensive defense can you work to avoid the impact these charges can have on your future.
