§ 18-6-801(1)(c); C. 7 Defenses to Your Colorado Domestic Violence Case. 3-204(2)(a)(XV). You will likely be ordered to have no contact with the alleged victim of your charges for seven days or more. Your own credibility may be the key to success, and a skilled attorney knows how to portray you and your role in the alleged situation. Additionally, the mandatory protection order issued at the time of your arrest will stay in place until you complete your sentence unless your attorney can have the order modified or withdrawn at the time of sentencing.
Harassment can be charged a lot of different ways. Domestic violence misdemeanor convictions can also carry time in jail. Defendants in domestic violence cases are obligated to enter a plea at their first court appearance. Extraordinary aggravating factors, however, must comply with the decisions of Blakely v. Colorado Domestic Violence Charges Are Serious Business. Washington, and Apprendi v. New Jersey. He said/she said cases are the classic example of cases in which the accuser is lying.
Non-violent offenders are eligible to apply for probation. If you are charged with domestic violence in Colorado, you face a very serious allegation with very serious consequences. Misdemeanor domestic violence charges are easy to get, hard to defend, and have dreadful consequences. That means it is the lowest class of misdemeanor. Domestic violence leads to criminal charges. The alleged victim does not even need to be present when this occurs. If you are arrested for a domestic violence related offense, a protection order will be issued, and you will not be released from jail until you acknowledge the order and sign it. When is domestic violence a felony in Colorado? Law and Penalties. Once arrested, Colorado law requires that a person charged with DV get held in jail until advised by the court.
Thomas Ramunda has been helping clients like yourself for over 25 years. Then you risk having a warrant go out for your arrest and spending the night (or longer) in jail while the court figures out why you have not completed your sentence. This charge is typically a misdemeanor and is not severe enough to warrant a felony. While the community corrections facility may be used as a condition of parole or transition from prison to parole, the initial sentence to the court cannot be served at community corrections. Colorado takes domestic violence extremely seriously, and the negative effects of being convicted of any domestic violence crime—even a low-level misdemeanor domestic violence charge—can last forever. 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. Without a good criminal defense attorney by your side, the fast-track experience can be confusing and overwhelming. Specifically, if the DA declares under oath that they don't have sufficient evidence to prove guilt (beyond a reasonable doubt), the judge may dismiss the case. Domestic Violence Offender Treatment Related Statutes C. § 16-11. 3 (1), C. S., and.. are subject to the supervision of the criminal justice system. If you are a male charged with domestic violence against a woman, the jury may come into the case assuming that there's no way you would ever need to defend yourself against a female. They may be able to work with the court to have the order modified to allow you to visit your children under certain circumstances. First time offender domestic violence charge colorado state. Colorado has a mandatory arrest policy that requires law enforcement to make an arrest when they have probable cause to believe that a crime involving domestic violence occurred.
Previous false accusations the victim made. The defendant not commit another offense for the length of the court's sentence. When Is Domestic Violence Escalated to a Felony? However, a misdemeanor still gives you a criminal record and could make it more difficult to prove your innocence in future criminal cases. Domestic violence charges can't be dismissed unless a prosecutor declares under oath to the court that he or she can't prove the case beyond a reasonable doubt. Any of these charges is more significant if it is charged as domestic violence, even if it is charged as a misdemeanor. Unfortunately, we do not live in a perfect world. The statute provides guidance to the court regarding the record that must be made by the district attorney and the findings that the court must make at the time of the acceptance of the plea. First time offender domestic violence charge colorado provençal. Can my charges be dropped? A text that says "I love you" is a violation. The Court can sentence a defendant to a term at community corrections either as a direct sentence or as a condition of probation. Thus, those charged with minor offenses must undergo the same evaluation as those charged with extraordinarily aggravated crimes. It can also impact your immigration status and ability to remain in this country.
Instead, domestic violence modifies and enhances normal charges, adding additional restrictions and conditions to sentences. If you are a gun owner or a military service member, your gun rights are extremely important to you. Unfortunately, the challenge of determining probable cause on the spot often forces law enforcement officers to make an arrest even if no crime occurred. Domestic violence occurring in Colorado can lead to several legal consequences, including fines, probation, counseling, community service, and imprisonment. 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. A domestic or intimate relationship may apply to spouses, former spouses, domestic partners, children, boyfriends, girlfriends, and roommates. Domestic violence accusations are common in Colorado, and even when they're made in the heat of the moment with no accompanying threat of violence these allegations can't be retracted at the scene or in legal proceedings. Closer to home, your conviction can and likely will be used against you in any divorce proceedings and may threaten your rights to custody and visitation with your child(ren). Repeat Offenders Are Punished More Harshly. Less is more when defending domestic violence cases; giving little to law enforcement makes the state work harder to prove charges of this magnitude. First time offender domestic violence charge colorado springs. Even high school students who call themselves boyfriend(s)/girlfriend(s) can be charged with domestic violence. Your behavior toward the alleged victim after the charge has been filed may determine a great deal of how much you can minimize the consequences of the charge. The probation statute also indicates that if the Court orders specific types of treatment (for example: alcohol and drug abuse treatment, sex offender treatment, domestic violence treatment), the treatment must be completed through a certified treatment provider.
These penalties depend on whether the victim was injured during the incident. The wise choice is to resolve the case after you have had a chance to consider your options and get the advice of counsel. These charges are brought based on the nature of the relationship between the accused and the alleged victim. Sometimes they forget, and their debate about which witness they believe, who they think is lying, or just general reservations about whether a crime was committed at all is a gold mine for creating reasonable doubt in a jury's mind. Domestic violence charges have serious consequences, and domestic violence cases move quickly due to Colorado's fast-track process.
If you have been charged with a domestic violence crime in Colorado, contact us now for a completely free consultation, and find out the benefits of being represented by an experienced Colorado Springs domestic violence lawyer. The materials in that file are not discoverable unless the Court conducts an in camera review of the file. It is mitigation: evidence you use to get the prosecutor to give you a better offer or that you use to allow the judge to give you a lesser sentence if you get convicted. A judge will generally not hear the matter and set bond until the next business day at the earliest, which means that when a person is unfortunate enough to be arrested on a Friday, they will be spending multiple days in jail. Even if your partner doesn't want to press charges, the DA will continue to prosecute if they believe they have enough evidence for a conviction. This fast-track process requires arresting officers to complete an incident report the same day a domestic violence arrest is made.
Thomas Ramunda Jr. is available for your defense. Court may order domestic violence treatment in any appropriate case. This is one of the reasons why you need an experienced domestic violence defense attorney to represent you and your interests in court. You are entitled to a bond and will not normally be held without bond on a misdemeanor DV charge. Deferred sentencing (only with consent of the prosecution and not discussed in this section); 2. Your criminal history (if any). There is a presumption that it is "not in the best interests of the child to allocate mutual decision-making over the objection of the other party. " In this case, the suspect could face up to one year in jail, a fine up to $5, 000, or a combination of both jail time and a fine. Confusion The alleged victim or a witness could have misinterpreted an action you took. The mandatory protection order issued pursuant to C. §18-1-1001 must remain in effect from the time a defendant is advised of his rights to the final disposition of the case. Just like an arrest, a criminal protection order is mandatory in a domestic violence case, per Colorado law. The defendant complies with any court order regarding substance abuse testing and treatment. When released, defendants often cannot have contact with the victim in any capacity. In many cases, there is no physical evidence or witnesses, so the officer simply takes the alleged victim at their word.
Harassment (C. 18-9-111). Go see your doctor or therapist and ask if you can make a change to your treatment or medication that will make a repeat offense less likely. If on probation for a felony, the defendant is required to complete a written waiver of extradition and an agreement to be held with no bond while pending extradition to Colorado C. 3-204(1), (1. Causing pain is all that is required to cause a bodily injury. Defendants may be sentenced to a Community Corrections program. You have to find out what these witnesses will say ahead of time. Almost any crime can be a DV offense. A jury can be persuaded with a simple and truthful argument. To prosecute, prosecutors must first prove that you intended to commit a crime.
If these elements do not exist in your case, or cannot be proven beyond a reasonable doubt, you must have an experienced attorney to protect your rights and convince a jury of your innocence. If a defendant agrees to waive the right to a jury trial finding on the existence of facts that may be used as aggravating sentence factors, the Court must make sure that the waiver was a knowing, voluntary, and intelligent waiver of the right to a jury trial finding. What to do if you are charged with a Domestic Violence Charge? Even if you're not physically in a courtroom in front of a judge, your attorney will be working hard to build your criminal defense against the domestic violence charges to earn a favorable outcome or to get your case dismissed entirely. Any other details that might explain the violence between you. If you have been charged with domestic violence of any kind, it is important that you contact a domestic violence attorney right away. More Than 20 Million People Are Falsely Accused of Domestic Violence Yearly. A domestic violence conviction can also affect your parental rights, employment opportunities, and ability to obtain a loan among other aspects of your life. Although most first-time domestic violence charges are only a misdemeanor, it is not something you want to just plead guilty to and accept.
Any domestic violence conviction will prevent you from owning or possessing firearms, effectively taking away your Second Amendment rights.
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