However, not all cases are so easily cleared up. The court finds that the defendant's possession of the weapon does not endanger the victim or the victim's children; and. When is domestic violence a felony in Colorado? Law and Penalties. But don't let the potential lack of jail time fool you, the probation terms will likely impose limits on your freedom of movement, require frequent check-ins and reporting, and place other burdens on your life during the probationary period. Therefore, even a first time offender domestic violence charge in Colorado is serious and requires an experienced lawyer. First-Time Offender Domestic Violence Colorado Sentencing.
Your property or home. Harassment is an example of a minor offense that becomes more significant when charged as a DV offense. Unfortunately, we do not live in a perfect world. 3(1) lays the foundation for establishing domestic battery as not only chargeable for striking or injuring an individual who shares an 'intimate' relationship (spouse, sibling, parent), but also for attacking animals and property controlled by an intimate partner. You may request that the order be modified at any time while the case is pending or during any sentence. Experts can help persuade a jury or a prosecutor that your defenses have merit. BURNHAM LAW SPEAKS FOR YOU. They might show actual physical injuries, such as a scratch or a bruise caused by your actions. A conviction to any DV crime will require you to complete domestic violence counseling, which is a 36-week program. I Did Something, But It Wasn't Domestic Violence. First time offender domestic violence charge colorado springs. Once an individual has been arrested for domestic violence, they must be held in custody until a judge reviews the matter to advise the defendant of their rights, set bond, and issue a Mandatory Protection Order (MPO) under C. R. S. § 18-1-1001.
However, once an individual has been charged with one domestic abuse charge, the courts will view any repeat offenses as a pattern in the behavior and will act more harshly to protect the community from future domestic violence from the perpetrator. There are a lot of reasons an accuser might lie about domestic violence: - Jealousy If you were or are together and you cheated or moved on to another relationship, a domestic violence accusation is a common way for a jilted or hurt person to react. Defendants may be sentenced to a Community Corrections program. Domestic violence charges can be assigned in Colorado when the victim fails to report the so-called incident. The Victim's Compensation Fund is included as a "victim" and is entitled to reimbursement for costs expended by the fund on behalf of the victim. The Court can order specific conditions such as: Substance abuse treatment; Mental health treatment; or. This means that the judge will decide whether or not the defendant should serve jail time. Even the "absence" of a victim in a domestic violence case is something for the Court to consider. First time offender domestic violence charge colorado state university. Criminal Defense Lawyer in Denver, CO. 610 Ulster Street, Suite 150, Denver, Colorado 80237 (Denver Tech Center). With a qualified domestic violence lawyer, you might have your charges reduced to spousal battery, which could mean no or less jail time and fines. Confusion The alleged victim or a witness could have misinterpreted an action you took. Having a strong advocate can help navigate these roadblocks and fight your case head on. Bring such things to the probation department and to the sentencing hearing.
It is very frustrating for those accused of DV, especially those without any prior criminal history, to be lumped together with violent offenders. Self-defense is a defense against assault and other crimes, and against domestic violence designations that are added to another criminal charge. Any other details that might explain the violence between you. That sounds pretty clear-cut, but courts determine if there is an intimate relationship on a case-by-case basis. The statute provides for the ability of the Court to modify the order, but particular filing and notice requirements must be met before the order is modified by the Court. Your attorney can go to court and seek exceptions – time to meet at counseling or for parenting exchanges, for example. Misdemeanor Probation: May not exceed 5 years. For this to occur, the defendant can't have any new charges during those three years. The pre-sentence investigation report (PSIR) can and does often provide the Court with information to assist the Court in assessing whether the plea agreement is appropriate. Hopefully, this information can help reduce the fear and help you understand the process. You don't have to live together to qualify. 7 Defenses to Your Colorado Domestic Violence Case. Introduction: In Colorado domestic violence cases – different rules apply to the sentencing and plea bargaining of these cases. If you receive a prison or jail sentence, the sentence's length depends on the underlying crimes you are convicted of. I Did It, But the State Cannot Prove It Beyond a Reasonable Doubt.
You are not given an opportunity to refute the claims against you until the case goes to a trial, many months down the line. One of the purposes of the criminal code in relation to sentencing is "to punish a convicted offender by assuring the imposition of a sentence he deserves in relation to the seriousness of his offense. You can request civil standby via your city or county's law enforcement office.
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