In 2022, there were approximately 167 domestic violence incidents reported in Denver. This was slightly down from 2021 when the average month saw 169 reports.
Unfortunately, these statistics show how prevalent cases of domestic violence are. If you face these charges, knowing what to do is critical.
The legal process can be complex and confusing if you are accused, arrested, and charged with domestic violence. At the Law Offices of Stephen J. Pisani, we are ready to help with your case. The first step is to call our office to schedule a consultation.
It is necessary to understand what constitutes domestic violence in Denver and your rights if you are arrested and charged with this crime.
In Denver, domestic violence is not classified as a separate crime but is regarded as an enhancement to other criminal charges. It involves any crime against a person you have had an intimate relationship with, which includes a current or former spouse, current or former unmarried couples, or individuals with a child in common.
This legal standpoint means that many actions, including physical harm, threats, or even disturbing someone’s peace, can potentially lead to a domestic violence arrest when occurring in a domestic setting. Understanding this definition is crucial when facing accusations, as it lays the groundwork for what one may encounter in the legal process.
Several common charges may be leveled against you when facing a domestic violence accusation. These could include assault, harassment, false imprisonment, or criminal mischief.
It is not uncommon to face multiple charges stemming from a single incident. Also, these charges can escalate depending on various factors, such as the alleged severity of the incident, prior offenses, and protective or restraining orders.
Navigating these charges is complex, making it smart to consult with a seasoned Denver domestic violence defense lawyer to guide you through the intricacies of your case, ensuring a thorough understanding and a solid defense strategy.
You will likely face immediate repercussions after a domestic violence arrest in Denver. Apart from the legal ramifications, which might include mandatory arrest policies leading to being taken into custody, there is also a societal aspect to consider. You might find personal relationships strained and your reputation in the community affected.
Additionally, restraining orders might be instituted, limiting your contact with your loved ones. Act swiftly, take steps to protect your rights, and seek expert advice. Understanding the immediate consequences of this charge will help you know what to expect during the legal process.
If you are accused of domestic violence, it does not mean you are stripped of your rights. In this situation, you retain the following rights:
One fundamental principle of the U.S. legal system is the presumption of innocence. This signifies that anyone accused of a crime, including those facing a domestic violence arrest, is considered innocent until proven guilty in a court of law.
This also means the burden of proof is on the prosecution, requiring them to present substantial evidence to prove guilt beyond a reasonable doubt. An attorney can answer any questions about this right and how it benefits your situation.
Cases of domestic violence are often fueled by anger and emotions. Many people may say something that hurts their case without realizing it.
However, you have the right to remain silent. This helps to protect you from self-incrimination. You do not have to answer questions from the police or prosecution without a Denver domestic violence defense lawyer present. Using this right will help you protect yourself against missteps or issues with what you say.
Another right is your entitlement to legal representation. Hiring a Denver domestic violence defense lawyer can be crucial in understanding and navigating the legal landscape that follows an accusation. A defense lawyer brings experience and knowledge, helping build a strong defense strategy tailored to your situation. Your attorney will advocate for your rights and provide guidance when answering police or investigator questions.
After being accused or charged with domestic violence, you must focus on protecting your rights. This means focusing on how to build a solid defense for your case.
Our Denver domestic violence lawyer is here to help with this. Some of the ways our legal team can help with your case include:
As soon as you find yourself involved in a domestic violence case, initiating the process of gathering evidence becomes pivotal. The first steps encompass documenting all relevant information.
This could involve collecting text messages, emails, or any other correspondence that might illuminate the event’s circumstances. Pictures of injuries or damaged property, if any, should be taken as they can be instrumental in building your case. Collaborating with a Denver domestic violence defense lawyer can provide a directed approach to assembling evidence to substantiate your defense.
Witness testimonies play a crucial role in strengthening your defense. Identifying individuals who can vouch for your character or provide an account of the incident is essential—approach potential witnesses tactfully and professionally, keeping in mind the sensitive nature of the case.
Your defense lawyer can aid in this process, guiding you in securing credible and supportive testimonies that align with your defense strategy and ensuring a comprehensive presentation of facts that can sway the case in your favor.
Building a robust defense may involve going a step further by bringing experts on board. These could be professionals with expertise in psychology, domestic violence dynamics, or forensic analysis whose insights can add significant weight to your defense.
Leveraging expert consultations can bring a new perspective to your case, helping to debunk accusations or provide alternative explanations for the alleged events. Having a Denver domestic violence defense lawyer by your side can be beneficial in identifying and consulting the right experts.
If you are facing domestic violence charges, there are several potential defenses. These include:
A widely recognized defense is claiming self-defense. In situations where you had a genuine reason to believe that you needed to protect yourself from harm, showcasing that your actions were a direct response to an immediate threat can be a valid defense. Detailing the events to your Denver domestic violence defense lawyer can assist in building a case around self-defense.
In rare cases, the defense of consent might be applicable. This strategy involves demonstrating that the alleged victim consented to the actions leading to the accusations. However, employing this defense can be incredibly delicate and complex, requiring the expert guidance of a well-versed Denver domestic violence defense lawyer.
Unfortunately, it is not uncommon for individuals to face false accusations in domestic violence cases. If you believe the allegations against you are fabricated, gathering substantial evidence to discredit the claims becomes essential. This might involve showcasing inconsistencies in the accuser’s statements or bringing forward alibi witnesses to support your defense.
In some situations, the prosecution may lack the substantial evidence to prove the accusations beyond a reasonable doubt. Working closely with your defense lawyer to scrutinize the evidence presented and identifying weaknesses in the prosecution’s case can be a viable strategy. Demonstrating that insufficient proof to support the charges can sometimes lead to the dismissal of the case.
After a domestic violence arrest in Denver, individuals find many legal issues. Remember, understanding the legal definitions, the charges you may face, and the immediate repercussions can be instrumental in building a fortified defense. You must also be well-versed in your constitutional rights – such as the presumption of innocence and the right to legal representation. This will help you protect yourself and your rights.
Contact a knowledgeable Denver domestic violence defense lawyer if you or a loved one face such accusations. Contact our criminal defense lawyers today to guide you through the process with the diligence and expertise you deserve.
In Denver, domestic violence refers to a crime committed against someone with whom the perpetrator has had an intimate relationship, encompassing a wide range of actions from physical harm to disturbances of peace.
Documenting relevant information and initiating the process of evidence collection, possibly under the guidance of a defense lawyer, stands as the initial step after a domestic violence arrest.
Legal representation ensures your rights are protected, guiding you through the complexities of the legal process and helping build a strong defense strategy tailored to your situation.