Colorado Springs Domestic Violence Defense Attorney
Don’t Let Colorado Domestic Violence Charges Derail Your Life
Relationships can be…complicated. The actions or words used in the heat of the moment can come back to haunt you later, especially in a state like Colorado, where we have such stringent domestic violence laws.
At the Law Offices of Andrew Bryant, we understand that domestic violence charges are some of the most emotional, personal, and stressful ones a person can handle. That is why we are here to help.
No matter your charges, you are entitled to be fairly represented. We will work with you to ensure all your legal rights are protected at every step, helping you understand the nature of the charges against you and the implications these charges have in Colorado. While we cannot guarantee a particular outcome for your case, we can guarantee that we will work with you to create the strongest possible defense.
Understanding Domestic Violence Laws in Colorado Springs
In our state, domestic violence cases are unique as far as crimes are concerned. Domestic violence is not a standalone offense but an aggravator or sentence enhancer for an underlying crime, such as assault. This means that you will be charged with the crime – say, assault – but the fact that the assault was also an act of domestic violence will add additional potential consequences.
Under the law, you can have a domestic violence enhancer attached to another charge if you take actions of violence or make threats of violence against someone with whom you have an intimate relationship.
What does Colorado mean by “intimate relationship”? An intimate relationship is defined under state law as the relationship between those who are currently or have been married, those with whom you share a child or anyone you have or are currently romantically involved with.
These acts of violence or threats do not merely have to involve physical violence against the individual in question – they can also apply to property and pets. This is especially true in cases where threats against property are used to control, manipulate, intimidate, punish, or exact revenge against someone with whom you have or have had an intimate relationship.
How Domestic Violence Arrests Work in Colorado
In Colorado Springs, a mandatory arrest is one factor that separates cases involving potential domestic violence from other types of cases. What does that mean?
When the police are called to a scene and believe there is probable cause to suspect domestic violence has occurred, they must arrest one party to ensure the safety of the other.
In other words, if the police are called on someone, and the victim alleges threats or violence have occurred in an intimate relationship, they are required to arrest the accused party.
Can Colorado Springs Domestic Violence Charges Be Taken Back?
It is not uncommon for a person who is labeled as the victim in a domestic violence case to decide they want to drop the charges. However, that is simply not possible in Colorado.
The state has eliminated this possibility because there is evidence that many actual victims change their stories to protect their abusers. Unfortunately, in situations where there truly was no domestic violence, this can mean that an innocent person is trapped and forced to argue their innocence within the criminal justice system.
What happens after someone is accused of domestic violence in our state?
- An arrest of the person accused if probable cause exists
- A hold in jail once arrested until the judge sets the bond amount
- The prosecutor has the power to decide if a case against someone proceeds, hinging on whether or not they have enough evidence to prove the charges true beyond a reasonable doubt
If you are facing charges related to domestic violence, do not assume that the situation will work itself out in your favor. Even if you believe yourself to be completely innocent, our legal system is complicated and confusing, and there is no guarantee that the truth will win out. Your best chance at a positive outcome is to work with the experienced professionals at the Law Offices of Andrew Bryant.
What Are the Penalties for Domestic Violence in Colorado?
The potential penalties that can be faced depend on the underlying charge. The most common charges that carry a domestic violence enhancement in Colorado include:
- Stalking
- Assault
- Criminal Mischief
- Sex crimes
- False imprisonment
- This is not an exhaustive list, as any crime can have a domestic violence enhancement, but it gives you an idea of what crimes often have a domestic violence enhancement attached.
Since the penalties for a crime with a domestic violence enhancement start with the underlying criminal act, let’s look at a specific charge. If you are found guilty of a crime such as criminal mischief in Colorado, it can be charged anywhere from a Class 3 misdemeanor to a Class 2 felony, depending on the property’s value.
So you would face the penalties for that crime but could also have these consequences added to your sentence:
- The requirement to complete domestic violence evaluations and treatment
- Enhanced sentencing if you are labeled a Habitual Domestic Violence Offender
- Loss of the right to own guns
- Less likely to be given probation
It is important to note that being labeled by the court as a Habitual Domestic Violence Offender means you have been convicted of crimes with a domestic violence enhancement at least three separate times. This can enhance a charge for a crime even further, often elevating another crime with a domestic violence enhancement from what would normally be a misdemeanor to a felony charge.
Remember that you will also have a criminal record if you are convicted of a crime involving domestic violence in Colorado. This is something that will follow you around for the rest of your life. Just one more reason why having experienced and skilled counsel on your side from the Law Offices of Andrew Bryant is so important.
Reach Out to the Law Offices of Andrew Bryant Today
A criminal charge that includes a domestic violence enhancement can derail your life – but it does not have to. With a capable and experienced defense team, you may be able to reduce the damage these kinds of charges – and a possible conviction – can do to your life.
We have helped scores of people just like you in Colorado Springs to protect their rights and their futures, ensuring they are provided equal treatment under the law. It is vital for anyone facing criminal charges to understand what they are being accused of and to have a dedicated criminal defense lawyer to help see them through.
Are you ready to start defending your reputation and fighting for your future? Then it is time to contact the Law Offices of Andrew Bryant to get started today.