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

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

| Apr 23, 2014 | Domestic Violence |

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Domestic 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.

An Aurora, Colorado woman is upset with her neighbor because he came home late from a party and was loud enough to wake her from a deep sleep. Early the next morning, irritable and angry, she goes over to her neighbor’s house, looks around and sees his prized pink flamingo lawn ornament. She pulls it out of the ground and breaks it. A nosy neighbor, watching the whole thing, calls 911. When the Aurora police show up, they give her a ticket for violating Aurora Municipal Code Section 94-73, Injury to Property less than $1,000. The citation orders her to appear in Court where she pleads guilty, pays a small fine, give restitution for a new flamingo, and moves on with her life.

The Realistic Result of a Domestic Violence Conviction

Now let’s change one thing. In addition to being the woman’s neighbor, the victim was also an ex-boyfriend. Everything else is the same. After the police learn about the past relationship from the nosy neighbor, our lady is arrested and taken to the Aurora Police Department for booking due to the mandatory arrest statute, C.R.S. 18-6-803.6. She is put in jail until the victim is notified and a judge is able to set bond. If our lady pleads guilty, things get worse.

Guns, Treatment and More Treatment

In Adams, Weld or Jefferson County, or anywhere in Colorado, when a person is sentenced to a crime involving Domestic Violence, the defendant is subject to additional consequences. Our lady in the second scenario is ordered to complete a Domestic Violence evaluation. The evaluator thinks she needs treatment for her anger issues, so now she is ordered to attend treatment at her own expense. Also, did I mention our lady loves to duck hunt on her family farm? She does, and now as an additional consequence, her duck hunting days are over. Any person convicted of a crime involving Domestic Violence must give up the right to possess firearms forever.

The moral of the story is, stay clear of anyone you’ve had an intimate relationship with. When you are charged with a Domestic Violence, you need the help of an experienced Denver Metro area Criminal Defense Lawyer. Be smart, exercise you right to remain silent, and call us at 303-731-0719. Together we can protect your future.

Image courtesy of Vlado / FreeDigitalPhotos.net