O'Malley Law Office, P.C. Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351

Blog

Six Things to Know Before Pleading to Domestic Violence

Under C.R.S. 18-6-800.3, Domestic Violence crimes are serious, with far reaching consequences if found guilty. Here are six things anyone charged with Domestic Violence should know before taking a guilty plea in Denver or Arapahoe County, or anywhere in Colorado.

1) DOMESTIC VIOLENCE CAN BE APPLIED TO MANY CRIMES

Domestic Violence is not a stand-alone crime. It is a classification of crimes and is used as an enhancer when it comes to sentencing. Domestic Violence is any act of violence against another person, where the accused is or has ever been in an intimate relationship with the victim.

2) INTIMATE RELATIONSHIPS ARE DEFINED BROADLY

In order for a crime to qualify as Domestic Violence in Jefferson County, the prosecutor must show there was an intimate relationship between the defendant and the victim. Intimate relationships are defined as spouses, former spouses, past or present unmarried couples, or people who have children together. Prosecutors use a liberal definition of what qualifies as a couple. A sexual relationship is no longer necessary to qualify as an intimate relationship.

3) DOMESTIC VIOLENCE CASES CAN BE FILED IN MUNICIPAL COURTS

Municipalities such as Littleton, Aurora, or Westminster can prosecute Domestic Violence crimes. It is important to note that Domestic Violence convictions in municipal courts count toward the habitual Domestic Violence offender statute and can bump a misdemeanor to a felony if a person has been convicted three times before.

4) DOMESTIC VIOLENCE DOES NOT ALWAYS INVOLVE STRIKING ANOTHER PERSON

An Adams County, Colorado housewife can be charged with Domestic Violence by breaking dishes if she is trying to control, punish, intimidate, or get revenge on her deadbeat husband. We have seen cases where clients think that just because they destroyed their own property they have not committed a crime. This is wrong.

5) IF POLICE ARE CALLED ON DOMESTIC VIOLENCE SOMEONE IS GOING TO JAIL

Our Colorado legislators have stripped law enforcement officer from applying common sense when it comes to Domestic Violence. That means if, in the heat of an argument, a Douglas County woman calls the police and tells them her boyfriend intimidated her by yelling, if the police show up, they must make an arrest. This is true even if she does not want to press charges. Unfortunately, mandatory arrest procedures have had a boomerang effect because victims of crimes may hesitate to call police if they do not want a spouse to get arrested.

6) DOMESTIC VIOLENCE CONVICTIONS HAVE HUGE CONSEQUENSES

Federal and Colorado laws prohibit people with Domestic Violence convictions from possessing firearms. Furthermore, those who are granted probation will be required to take mandatory classes regulated by the Colorado Domestic Violence Management Board. This board is similar to the Colorado's Sex Offender Management Board and it gives them a tremendous amount of control over a person while on probation.

Charges of Domestic Violence are serious and the consequences remain with you throughout your lifetime. That is why you need an experienced attorney to work with you. If you are charged with a Domestic Violence crime remember to be smart, exercise you right to remain silent, and call us at 303-731-0719. Together we can protect your future.

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!

GET HELP NOW!

Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

FindLaw Network

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.