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Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Denver Police Officer Arrested – Domestic Violence: C.R.S. 18-6-800.3

On Behalf of | May 2, 2012 | Domestic Violence |

Denver Domestic Violence Attorney

A Denver police officer was recently arrested for Domestic Violence (C.R.S. 18-6-800.3) after his girlfriend accused him of pulling her hair out and punching her in the ribs. The Adams County Colorado Sheriff’s Office cited the officer for domestic violence (“DV”) related charges including third degree assault (C.R.S. 18-3-204). The officer claimed that his girlfriend instigated the altercation when she threw a Barbie-sized Justin Bieber doll at his foot. A Denver police spokesperson said that the officer had been relegated to desk duty because he cannot carry a gun while he is under the restraining order issued in connection with the DV charges. We commend the Adams County Sheriff for holding a fellow officer of the law accountable to the same standard they hold the rest of us. Unfortunately, that is not usually the case with law enforcement.

Denver Police Officers Are Not Above the Law

This is not the first time this Denver police officer has been accused of violence. In 2005, a Denver man filed a suit against the officer and three others who brutally beat the man, mistakenly believing him to be a DV suspect. Additionally, in 2003 the officer admitted to photographing a prostitute’s genitalia after an arrest with his personal camera.

Domestic Violence Lawyer in Adams County

In Denver, Arapahoe, Adams, and Douglas County, domestic violence as defined by C.R.S. 18-6-800.3 means an act or threatened act of violence upon a person with whom the person charged is or has been involved in an intimate relationship. Colorado law defines “intimate relationship” as a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time. Domestic violence is not a crime within itself, but rather a sentencing enhancer, usually associated with other Colorado crimes such as assault, harassment, and criminal mischief.

Jefferson County Domestic Violence Crimes

While DV can involve some truly violent actions, like those of this Denver police officer, a lot of times in Jefferson, Weld, and Larimer County domestic violence is over charged when there is no actual violence or actual harm. For example, in this case, the police officer’s girlfriend could have been charged with domestic violence-Harassment (C.R.S. 18-9-111) just for throwing a Justin Bieber doll at her boyfriend, which caused no injury whatsoever. Unfortunately, the DV law in Colorado is overbroad and can produce ridiculous, Justin Bieber doll-like results.

We at the O’Malley Law Office have years of experience serving clients charged with domestic violence in Colorado. If you have been charged with domestic violence, be smart, exercise your right to remain silent, and call us at 303-731-0719. Together, we can protect your future.