Pueblo Domestic Violence Defense Lawyer
Colorado domestic violence charges can carry severe consequences and should always be taken seriously. The first step in defending yourself against these allegations is to find an experienced criminal defense attorney or law firm who will defend you with the skills that you deserve. When you hire Anaya & Chadderdon, P.C., you’re hiring an attorney who cares about your case as much as you do. Contact us today for a free consultation with our Pueblo domestic violence lawyers.
Why You Need a Lawyer
In Colorado, unlike other states, domestic violence isn’t charged by itself as a crime. Rather, it’s a sentencing enhancer that is essentially tacked on to another offense as a way to try to increase a defendant’s penalty at sentencing. Certain elements must be proven before the designation of ‘domestic violence’ can be used. Because of these nuances, it’s essential to find a local attorney who has experience handling these types of cases.
Domestic Violence Defenses
While it’s ultimately going to be your attorney’s job to determine the best defense for your case, it’s important that you know as much as possible so you can be involved in your case and help in your own defense.
Self-Defense
Self-defense is one of the most common defenses to a domestic violence charge. Self-defense can sometimes be difficult to prove, but if handled properly by an experienced attorney, it can often be a successful defense. In order to show that you shouldn’t be found guilty because you were defending yourself, you and your lawyer must prove the following:
- The defendant reasonably believed that they were about to suffer imminent and unlawful force;
- The defendant reasonably believed that immediate force was necessary to protect themselves; and
- The defendant used a degree of force that they reasonably believed was necessary to prevent the harm they were about to suffer.
Defense of Others
Similar to self-defense, defense of others is also a defense to domestic violence charges. If you believed that someone else was in danger of suffering imminent harm, you’re typically able to legally defend that person and avoid criminal charges. The defendant must have reasonably believed that the third party they were protecting was in imminent danger of being killed or of suffering great bodily injury.
If the defendant provoked the fight or was the initial aggressor, the defense of others will most likely not be a successful defense in that case. Similar to self-defense, defense of others is a complicated defense, but one that is often successful. An experienced criminal defense lawyer will be familiar with the elements of proving this defense.
False Accusations
Finally, another common defense to domestic violence charges is that you’ve been falsely accused. This can manifest itself in several ways. For example, a defendant might claim that they were with the alleged victim, but they never touched them or harmed them in any way. Another possibility for this defense is to raise an alibi defense, meaning the defendant claims they weren’t even with the alleged victim, and they have someone who can corroborate that information. In order to raise an alibi defense, certain procedural rules have to be followed, so it’s vital that you have a criminal defense attorney who understands how this defense must be presented.
Our Pueblo Domestic Violence Defense Attorneys Will Fight For You
If you’ve been charged with a domestic violence offense in Pueblo, Anaya & Chadderdon, P.C. is here to help you. Our Pueblo domestic violence attorneys have a unique understanding of how to defend criminal cases. We’ve been on both sides of the law, so we have the ability to anticipate what the prosecutor will say and do to try to get a conviction. At Anaya & Chadderdon, P.C., we will do everything in our power to make sure your case is handled properly. Contact us today and ask about our free consultations.