First Time Domestic Violence Offense Charge In Colorado
Relationships are complicated, but when arguments become heated, they can quickly escalate into violence for those with a propensity for rage and brutality. Unfortunately, some accusations of domestic violence are exaggerated or false, requiring a prompt, aggressive defense to achieve justice.
A Colorado Springs domestic violence conviction is life-altering, with adverse consequences on many aspects of your future. If you’ve been charged with domestic violence in Colorado, call Anaya Law Group to learn more about your right to an assertive legal defense. Schedule your free consultation today.
Domestic Violence Is Not a Stand-Alone Crime in Colorado
Unlike in many other states, domestic violence (DV) arrests aren’t stand-alone charges in Colorado. Instead, they are an enhancement to other charges, such as:
- Assault
- Harassment
- Stalking
- Manacing
- Property damage or criminal mischief
- Violations of protective orders
A DV enhancement is added to other charges only when the alleged violence occurs against an intimate partner. A DV enhancement increases the harshness of the sentencing and triggers additional requirements after a conviction.
What Is Considered an “Intimate Partner” In Domestic Violence Enhancements In Colorado?
Under Colorado Revised Statutes § 18-6-800.3, a domestic violence enhancement to an assault or other charge occurs only when the alleged violence happens against the following:
- A spouse or ex-spouse
- Current or past romantic partners
- Unattached individuals who share a child
The law describes the above as “intimate partners.” This also applies to same-sex partners and those with different gender identities. Domestic violence charges may also apply to abuse or threats of abuse against an intimate partner’s pet or property as a means of coercion.
Other family members, such as parents or children, do not qualify for a domestic violence enhancement in Colorado. Instead, violence in these cases is charged as child abuse or elder abuse.
What are the Outcomes of a DV Enhancement to Another Crime?
Once a criminal charge is enhanced with a domestic violence charge in Colorado, the defendant faces the following outcomes:
- Mandatory arrest
- Mandatory orders of protection to prevent the charged individual from contacting the protected person or going to their home or workplace
- Harsher sentencing for jail time, prison, and fines
- A requirement to attend a state-approved domestic violence rehabilitation program or anger management classes
- The loss of the right to own firearms
- Adverse impacts on a child custody case
Because the consequences of a conviction for a DV enhancement are very serious, it’s crucial to hire an experienced defense attorney as soon as possible after a first-time domestic violence arrest in Colorado.
How Can a Colorado Criminal Defense Attorney Help My DV Enhancement Case?
If you’ve been charged with a crime with a domestic violence enhancement in Colorado, it’s crucial to hire a criminal defense attorney right away. You must also carefully comply with the protection order and attend the bond hearing and all court appearances. As a first-time offender, your attorney will explore all options available to you, including diversion programs and deferred judgments.
Call or contact the Colorado Springs domestic violence lawyers at Anaya Law Group today to begin protecting yourself with an immediate, assertive legal defense of your rights and a well-executed defense strategy.