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

July 2013 Archives

Colorado Record Sealing Lawyers

Many good people commit a criminal offense due to their youth, a highly provoking act, or out of financial desperation. Yet, with the exception of drug offenses, a conviction for a Colorado misdemeanor or felony crime remains to punish you forever and cannot benefit from record sealing.

Self Defense vs. Stand Your Ground in Colorado?

Recent cases in Florida including the George Zimmerman trial and the case of Marissa Alexander have led to questions regarding whether the laws are similar in Colorado. While Colorado does not have a "stand your ground law," Colorado law imposes no duty to retreat in order to use self defense against Assault or Murder charges. Essentially, this means that a person who is not the initial aggressor, does not need to try to escape before using force.

Colorado Juvenile Crimes and Court

Juvenile criminal cases are usually charged in the juvenile court of each county. While technically under the jurisdiction of the District Court, a magistrate often manages the case on behalf of a judge. These types of cases involve kids charged with crimes while they are under the age of eighteen. Except in rare cases called a "direct filing", the cases remain in the child system provided the person charged was under eighteen at the time of the offense.

Summer Parties and Unlawful Sexual Contact in Colorado

With the spike in alcohol sales and consumption which occur in our warmer summer months, comes corresponding charges of alcohol based sexual offenses. One of the most common charged in Denver, Douglas and Jefferson County is Unlawful Sexual Contact, C.R.S. 18-3-404. Be careful: sexual touching or even taking pictures of a woman who has had too much to drink to give consent could make you a sex offender. In many instances, even where consent is given for the sexual contact or pictures, on the following day when sobriety and embarrassment occur - the woman will say she did not consent. To save face, she will ruin your life.  See our sexual offenses web site for more: DenverSexCrimesAttorney.com.

Hot Dogs and Cruelty to Animals Charges

We've recently seen our annual cyclical increase again this year with pets left in their owner's cars - with the windows down, and charges of Cruelty to Animals, C.R.S. 18-9-202.  Be aware that store owners and your fellow shoppers are quick to call police in Jefferson, Arapahoe and Adams County when they see a pet (or child = Child Abuse) left in the car on a hot day. 

Indecent Exposure C.R.S. 18-3-702 / Criminal Lawyer in Denver

The crime of Indecent Exposure (C.R.S. 18-3-702) requires the aid of a criminal defense attorney / lawyer in Denver to protect your future. The statute pertaining to this law reveals that only a few acts are considered criminal. First, the act of masturbation, or even simulated masturbation, in a public place qualifies under the statute. Second, exposure of the genitals in a manner that satisfies a sexual desire is also a violation of this law.

Public Indecency C.R.S. 18-7-301 - Attorney / Lawyer in Denver

If you or a loved one have been charged with Public Indecency (C.R.S. 18-7-301), you probably have a lot of questions and are looking for a criminal defense lawyer in Denver, Colorado to help. Thankfully, we handle many of these cases in Adams, Arapahoe, and Denver County and are knowledgeable of potential fines, sex offense standards and possible sentences. The first thing that you need to be aware of is in most Colorado cases, this crime does not require registration as a Sex Offender.

Zimmerman Murder Lawyers Fight Prosecution and the Press

George Zimmerman's defense lawyers deserve a hearty congratulations for their Homicide / Murder acquittal. Not only did the attorneys fight the prosecution, they fought the media who constantly sought to stir public sentiment that this was a race case - not self defense. The media in Denver, Douglas and Arapahoe County are the same as those in Florida, seeking career advancement for having high ratings. If they can generate public outcry, they get a bigger audience.

Trespass, C.R.S. 18-4-503, Attorney / Lawyer in Denver, Colorado

When a person is facing a Trespass charge in Denver, Colorado, there are differing degrees of misdemeanors and felonies which can be charged. The degree charged and the possible punishment are determined by a variety of factors listed below. Some of those factors include whether the land was private, a dwelling was involved, or agricultural land was entered. The class of charge for being on someone else's property ranges from a class 5 felony to a class one petty offense.

Assault Charges in Denver, C.R.S. 18-3-204 - Criminal Lawyer

Charges of Assault in Denver, Arapahoe, and Douglas County vary greatly from felony to misdemeanor assaults. These cases require the assistance of an experienced criminal defense lawyer in the metro area. Assault can be charged as First Degree (C.R.S. 18-3-202, a felony), Second Degree (C.R.S. 18-3-203, a felony), or Third Degree (C.R.S. 18-3-204, a misdemeanor). Most people think that this is a simple crime that results when you beat up someone else. Unfortunately, these charges for hurting someone can be charged because of intentional and unintentional acts.

Is Nonviolent Conduct Domestic Violence?

Sometimes, I have a hard time imagining the rationale behind this crazy law for Domestic Violence in Denver, Arapahoe and Douglas County. Any crime can be Domestic Violence (DV). In fact, this label can be added to child abuse, animal cruelty and criminal mischief. While none of these crimes involve violence by pushing or shoving, hitting or slapping, they can all be DV.

Protection / Restraining Orders - Hamster Can Send a Man to Jail

We have all seen the bizarre result of Colorado's laws which are not well thought out. Here is another case in point: did you know that contact with a hamster could send you to jail? It must have been an animal rights group that pressured the Colorado legislature to include animals in Protection / Restraining Orders.

Contributing to the Delinquency of a Minor is "Magic" in Denver

Thanks to Colorado lawmakers, I have a formula for turning even the smallest of crimes into a felony. Here is the answer: C.R.S. 18-6-701. This crime is labeled "Contributing to the Delinquency of a Minor" in Arapahoe, Douglas and Broomfield County . It is magic because if a child is charged with ANY crime and you can be said to have "induced, aided, or encouraged" the child in any way, it is a felony charge by you. You ask whether I am crazy, right?

Driving Under the Influence / DWAI Roadside Manuevers - Yes or No?

On your way home from a bar or party, if you are feeling good, the last thing on your mind is a charge for Driving Under the Influence of Alcohol or Driving While Ability Impaired, C.R.S. 42-4-1301. So, you need to prepare in advance for the best course to take if police pull you over.

Colorado Menacing Charges, C.R.S. 18-3-206 - Denver Attorney

Menacing charges in Denver, Arapahoe, and Douglas County can come from many different acts and require the assistance of a criminal defense lawyer in the Denver metro area. This charge usually results from an individual saying or doing something to another person which places that person in fear of imminent serious bodily injury. Many times, self-defense can be successfully argued as an affirmative defense to this charge.

Harassment Charges in Denver? An Attorney Who Can Help

Charges relating to Harassment in Denver, Colorado (C.R.S. 18-9-111) often result from someone who is upset with you over a broken relationship. We feel that the police charge this "catch all" crime too often - particularly when they know that no crime occurred. This statute covers a variety of alleged crimes and can be very complicated to defend if you are unfamiliar with the court process.

Arson (C.R.S. 18-4-104) Attorney / Lawyer near Denver, Colorado

Arson is essentially setting fire to the property of another. When someone is charged with the crime, they need an attorney who will help protect their rights and fight for their freedom. Fire crimes are multi-tiered criminal offenses which can be charged as any one of four crimes; First Degree Arson (C.R.S. 18-4-102), Second Degree Arson (C.R.S. 18-4-103), Third Degree Arson (C.R.S. 18-4-104), and Fourth Degree Arson (C.R.S. 18-4-105). In an exceptional way, this crime is one of the few crimes that any of the four different degrees could all be charged as a felony.

Burglary Essentials with an Arapahoe County Lawyer, Part 3

In Broomfield, Boulder and Jefferson County, people are accused of burglary for unlawfully going into or remaining in a house or business, intending to commit any type of crime (even a misdemeanor). First Degree Burglary, C.R.S. 18-4-202, is the most serious form of this crime - which is often charged when someone enters in order to make a financial gain or support themselves through crime. Without the intent to commit a crime while unlawfully on the premises of another, this crime would be watered down to trespassing, C.R.S. 18-4-502. The seriousness of the motive for going onto the property of another (i.e. theft, assault, criminal mischief) will impact how this crime is charged (1st Degree, 2nd Degree and 3rd Degree) and whether a formal plea agreement can be achieved.

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, part of Thomson Reuters.