Having a strong advocate can help navigate these roadblocks and fight your case head on. Not only does physical or emotional abuse constitute domestic violence in Colorado, but retaliating against an individual by destroying property can be charged as domestic violence. Anger/Revenge If a current or former partner is out to get you, falsely claiming domestic violence is one way to try to punish you.
Helping the prosecutor justify a more favorable deal for you means showing him or her that you are doing what needs to be done to find and treat your mental health issue. Colorado law, and the law enforcement agencies in El Paso County and Colorado Springs, take domestic violence incidents very seriously. First time offender domestic violence charge colorado at boulder. 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. The extent of injuries (if any). If you receive a prison or jail sentence, the sentence's length depends on the underlying crimes you are convicted of. This fast-track process requires arresting officers to complete an incident report the same day a domestic violence arrest is made.
Standards for Treatment Developed by the Domestic Violence Offender Management Board. A domestic violence attorney can be a source of support in a challenging period in your life. 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. If a person alleges that you committed domestic violence, C. 18-6-803. My partner and I have made up. Some of those conditions include: Compliance with support obligations toward the defendant's family, no contact orders; Substance abuse treatment; and. Treatment evaluation means determination of treatment amenability as recommended by a domestic violence evaluator approved by the DVOMB. This type of protection order is in effect during your case and may last for the duration of your sentence if you are convicted of domestic violence charges. 7 Defenses to Your Colorado Domestic Violence Case. When the court agrees with removing jail time from the equation, you might still need to undergo a probationary term and counseling. You have lots of choices of excellent attorneys in El Paso County. The prosecuting attorney's record and the court's findings must specify the relationship in the alleged domestic violence case which the prosecuting attorney is not able to prove beyond a reasonable doubt and the reasons that is not possible. The County Court in El Paso County puts a misdemeanor DV charge on a "fast track. " Presuming charges are substantiated, a client may opt to enter an agreement to plead guilty in exchange for reduced sentencing (called a 'plea bargain').
Facts found by the court after the defendant stipulates to the court making the fact-finding for the purposes of sentencing. That process is described here:. Domestic violence misdemeanor convictions can also carry time in jail. Colorado C. R. S. 18-6-800. First time offender domestic violence charge colorado state. The repercussions of a domestic violence conviction will affect your criminal record, current and future relationships with your significant other and children, and your reputation in the tight-knit Colorado Springs community. That means at least one person is going to get arrested for even the most minor of DV offenses. In all but the most severe cases – multiple offenses or felony offenses – you are likely to get a standard bond or personal recognizance bond and get out of custody. Causing pain is all that is required to cause a bodily injury. Almost any crime can be a DV offense. While it is possible to modify a Mandatory Protection Order to permit a defendant to speak with the alleged victim (often a spouse or significant other), or even return home, one's chances of successfully modifying a protection order are greatly increased with the aid of an experienced criminal defense lawyer. According to the Colorado revised statute, "domestic violence means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship…". Most of the time, domestic violence is charged as a misdemeanor offense. This is very hard to do without some experience in knowing what might happen at a hearing or trial.
Because of this, many people are charged with so-called domestic violence when they don't even consider themselves to be in a relationship with the alleged victim. Third degree assault is a more serious, first class misdemeanor. If there is no evidence to support either position, it all comes down to credibility. Colorado First Time Offender Domestic Violence Charge. The decision you make about entering a plea is crucial to the future of your case. Start doing community service through a certified agency, normally Front Range Community Services, Inc., 11 East Vermijo Avenue, Colorado Springs, Colorado 80903. "Discovery" is the name for the documents and other written evidence the prosecutor will use to try to convict you. Even before a judge or jury contemplates your guilt or innocence, you may be in for a burdensome and upsetting ordeal.
If you or a loved one was arrested for domestic violence, it's in your best interests to contact a criminal defense attorney as soon as possible. The first three facts above are considered "Blakely compliant" facts and the fourth is a "Blakely exempt" fact. Should an individual find themselves arrested for this crime, an automatic restraining order is entered. Colorado Criminal Domestic Violence Sentencing Procedures and Law - What Happens In A Colorado Domestic Violence Sentencing Hearing - Denver Criminal Attorney Specializing in Domestic Violence Cases - Colorado Criminal Defense Lawyer. If an injury did occur, however, the defendant may receive a sentence of jail or in home detention along with probation and community service. A person is never just charged with domestic violence.
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