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Domestic Violence Archives

Habitual Domestic Violence Lawyer in Denver - Felony and Misdemeanor

Domestic Violence in Jefferson County - Turn a Misdemeanor into a Felony with Habitual Charges

Only with the new DUI law have I seen the government able to turn a misdemeanor case into a felony. A new Colorado law now adds another way to take this extreme step. It happens in a very common crime: those involving allegations of Jefferson County domestic violence. Now, a misdemeanor crime can turn into a class 5 felony, where you can face a sentencing range of 1-3 years in prison. Read more below to find out how this can happen.

Denver Domestic Violence Defense Attorney: Harassment and Assault

Domestic-Violence.jpgDenver Domestic Violence Lawyer - Harassment and Assault Charges are Common

We are frequently called when men and women are accused of Denver Domestic Violence Harassment and domestic violence third degree assault in Adams County. But what is the difference between these two crimes and does it really matter if you get charged with one over the other? It really does matter, particularly if you want to possess a firearm or gun in the future. Even besides that, though, being charged with one is preferable to the other.

Can a Domestic Violence Victim Get a Case Dismissed? Denver Criminal Lawyer Explains

When the Victim Who Called Police Wants the Domestic Violence Case Dismissed in Denver

It is very common that a man or woman calls the Denver Police, and then after their friend, spouse or loved one is arrested, changes their mind and wants the police to let him or her go. This usually happens in a domestic violence case. If the case involves kids in the house, Social Services or DHS will be involved in the case as well, and they will become very angry with the mother who wants her husband out of jail. In some cases, we have heard of Social Services workers who threaten to take the children away if their mother wants to dismiss charges. It is tough to get a case dismissed just by asking.

In Denver Domestic Violence Cases, Judges are Turning to a "One-Size-Fits-All"

In the last week, I have been hired in two new Domestic Violence cases in Jefferson County. I watched two other DV cases while in court. In each case, the judges acted uniformly when I or another lawyer requested they modify the no-contact provisions of the protection order. The new rule? Don't even think about a modification to allow full contact with your alleged victim, unless thirty days have passed. Apparently, one-size-fits-all. Read Six Things to Know Before Pleading in a Domestic Violence Case.

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.

Colorado's Domestic Violence Epidemic - Created by Government

Colorado's Domestic Violence epidemic is not so much a reflection of our state's level of violence involving intimate partners, as it is the medling of our law makers and the Colorado Supreme Court.  As a result, District Attorneys in Denver, Jefferson and Arapahoe County appear to be filing these cases in record numbers.

Denver Domestic Violence, C.R.S. 18-6-800.3

One Baltimore football player has singlehandedly increased Domestic Violence (C.R.S. 18-6-800.3) reports throughout the United States by 84%!. I find that remarkable. According to a Huffington Post article, the video, released by TMZ, of a popular running back hitting his girlfriend has created so much public outrage that Domestic Violence reports have gone from 500 to 600 calls per day to over 1,000 phone calls a day. This results in a tremendous expenditure of government resources across the U.S. and in Denver, Jefferson and Douglas County.

Douglas County Domestic Violence Theft Charges?

theft-domestic-violence.jpgAs crazy as it sounds, Domestic Violence charges in Douglas County and across Colorado, can be attached to any underlying crime, including Theft. Domestic Violence (DV) is not a criminal offense in and of itself. It is called a "sentence enhancer," and is located in Colorado law at C.R.S. 18-6-800.3. Here, the Colorado legislature has broadly written the law in order to enhance just about any crime involving two people who have been in an intimate relationship.

Colorado Domestic Violence, C.R.S. 18-6-800.3

flamingo-domestic-violence.jpgDomestic Violence (C.R.S. 18-6-800.3), is not one specific crime in Denver, Arapahoe, or Douglas County. It is a special designation assigned to any crime where there is an act of violence, or a threat, against a person who is or was in a special relationship with the perpetrator. Domestic Violence includes any crime committed against a person or property, when used to control, punish, intimidate, or get revenge against someone in a current or past intimate relationship. Consider the following example.

Non-Violent Domestic Violence in Colorado?

Am I the only one who sees the inconsistency with this special interest driven label? Basically said, our legislature is scared of being labeled as tolerant of violence by special interest groups, so they agreed to the extreme terms contained within our Colorado Domestic Violence law.

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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.

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