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If you are facing misdemeanor domestic violence charges, you need to take them seriously as well. First time offender domestic violence charge colorado.edu. You could face up to 2 years in jail for misdemeanor offenses and up to life in prison for felony offenses. If my partner wants this case dismissed, why isn't it? When retained, defendants can expect nothing less than superior representation in matters where their future, and freedom, are jeopardized by charges of domestic violence in Colorado. First-Time Offender Domestic Violence Colorado Sentencing.

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She pushes him or hits him to get away, making the first actual physical contact, and then is charged with domestic violence because she laid a hand on him. C. 18-6-801 sets out mandatory sentencing for domestic violence convictions. 7 Defenses to Your Colorado Domestic Violence Case. Once you receive charges for this felony, you could serve a maximum of four years in Colorado state prison. Some of the crimes that commonly have the domestic violence designation attached to them are: - Assault (C. 18-3-202, -203 and -204). Your life and liberty are valuable, and you deserve the best defense possible. 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. 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.

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. A host of factors can change this analysis, for example, whether the charge is a first offense, the age of the person charged, the specific allegations made, the length of the relationship, whether someone was hurt, and so on. Burnham Law is committed to your defense and helping you get your life back on track and moving forward in a positive direction. For more information on the potential punishments for domestic violence in Colorado, please read: Colorado Domestic Violence Charges – What Are The Penalties in Colorado? Other conditions for the code include providing "fair warning" of sentences imposed, the deterrent nature of the sentences for similar offenses, and the promotion of rehabilitation of offenders. The violence in question could be physical, control, coercion, intimidation, or punishment. Even if the victim feels remorseful about the situation and wants to make amends, engaging in conversation or attempting any form of contact will impose a bond revocation along with additional charges. What happens to first-time domestic violence offenders. Reasons To Hire A Lawyer. 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. You have to find out what these witnesses will say ahead of time. Penalties for Multiple Acts of Domestic Violence. It might become more difficult to secure a job once employers see the charges. Elder Abuse – Neglect, financial fraud, or physical or emotional abuse to a person over 70 years old.

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Your attorney, your counselor, your priest, preacher, rabbi or spiritual counsel, or your trusted family or friends can help you with talking out these issues. Do not delete anything and think about what other information may be saved somewhere to aid your defense. The decisions of Apprendi and Blakely do not require that the imposition of consecutive or consecutive sentences be determined by a jury. Completing a domestic violence treatment program may also help a judge look more favorably on your request. Domestic violence charges can be assigned in Colorado when the victim fails to report the so-called incident. Same for community service. Domestic violence ("DV") charges are among one of the most serious offenses you can face in the judicial system. 16-21-103, C. 3(1), C. 18-6-801(a). A conviction of domestic violence can result in you losing custody or visitation with your children. As noted below, Colorado fast-tracks domestic violence cases, which means time is limited to enter a plea and gather evidence to support your case. First time offender domestic violence charge colorado provençal. Therefore, the courts often treat all offenders the same for expediency purposes. 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. Because this charge becomes part of your record, your employment could be affected. 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.

Violating an MPO (C. 5) is a class 1 misdemeanor and can result in up to 18 months in jail or a fine of up to $5000. Deferred sentencing (only with consent of the prosecution and not discussed in this section); 2. Your attorney can go to court and seek exceptions – time to meet at counseling or for parenting exchanges, for example. Colorado domestic violence charges have somewhat similar parameters as other states, although the crime is often used to enhance other charges like assault or harassment. Colorado Domestic Violence Charges Are Serious Business. However, although you might have broken someone's heart or simply needed to move on, you don't deserve to be charged with a crime. Who speaks for them?

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While this may seem unrealistic, it happens more often than you would think. The general policy gives the alleged victim the benefit of the doubt. 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. The police show up and see that she is just playing with her kids who are chasing her around with water guns. In Colorado, if a law enforcement officer believes that there is probable cause for domestic violence, the officer is required by statute to arrest the alleged perpetrator immediately. Colorado C. R. S. First time offender domestic violence charge colorado at boulder. 18-6-800. A hearing would need to be held to determine if an alleged victim actually has the ability to assert their right to remain silent. If alcohol or substances contributed to your decisions, stop drinking alcohol or using substances and get treatment. The class helps you show you take the allegations seriously and are asking the right questions about the DV allegations.

Reviewing the criteria and requirements of probation is useful in assisting the court in issuing a sentence that holds an offender accountable, seeks to protect the victim and the victim's children, as well as serve the overall community desire for safety. Also, my list is not ordered: many of the items should be done immediately and not in any particular order. If you are alleged to have broken something during a domestic dispute, you can get charged with criminal mischief as a domestic violence charge. It may not include photographs, physical items of evidence, recordings and other non-document evidence – you have to request such things separately.

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Be kind to the alleged victim. The Following Two Scenarios When Charged with Domestic Violence: - Spousal Battery is considered a misdemeanor. Once released from jail, the person charged with DV is subject to a mandatory domestic violence protection order that usually keeps him/her from returning home for seven days or more. For instance, while jail time is a possibility for a first-time misdemeanor domestic violence conviction, the typical penalty is 24 months of either supervised or unsupervised probation as well as mandatory domestic violence treatment. Anything that shows you know how to or have been following the rules is helpful. Even before a judge or jury contemplates your guilt or innocence, you may be in for a burdensome and upsetting ordeal. The procedure is called civil standby or civil assist, and it allows you to collect essentials while being accompanied and monitored by a law enforcement officer.

The DA is the one who decides whether to take a domestic violence case to trial. 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. 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. Materials in the Victim's Compensation file are considered confidential.

7 ways you can defend yourself against domestic violence charges. Fines You are required to pay fines, including the court fees and the actual cost of your own probation. Comply with existing court orders for proceedings determining paternity, custody, allocation of decision-making responsibility, parenting time, or support. I Did Something, But It Wasn't Domestic Violence. In false reporting cases, an alleged victim may choose to exert his or her 5 th Amendment privilege and avoid being called as a witness. A domestic violence attorney can be a source of support in a challenging period in your life. That fact alone does not mean that the prosecution cannot proceed. Once formal charges are entered and you've been taken to county jail, it's important to not self-incriminate by speaking freely to officers or investigators unless you've retained counsel.

A "DV" designation cannot be removed or plea bargained away "unless there is a good faith representation by the prosecuting attorney that he or she would be unable to establish a prima facie case if the defendant were brought to trial on the criminal offense. Time is of the essence to protect your rights and build a strong defense. Whenever anyone is accused of a crime (no matter how big or small) against an alleged victim who is or has been involved in an intimate relationship with the accused, a domestic violence designation attaches to the offense simply because of that relationship under C. 3. The Court should also review the case for extraordinary aggravating and/or mitigating factors. The alleged victim does not even need to be present when this occurs. If you decide you need an attorney, please give me a call at (719) 471-7957, to set up a no-obligation interview. Threatening harm or serious injury to another person is also a form of domestic violence. 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. If an officer that believes that there is probable cause that a domestic violence incident occurred, the officer has no choice but to arrest the person believed responsible. An alleged victim can sway the court's opinion, especially since most domestic violence cases are a he-said, she-said situation.