If you’re facing charges of domestic violence-related crime in Colorado and seek legal help, then you’ve come to the right place. At the Law Offices of Steven J. Pisani, our team has an impressive track record of success in defending clients accused of crimes related to domestic violence. Talk to us today so we can look into your case.
Domestic violence can be physical assault, spousal abuse, dating abuse, and emotional abuse.
In Colorado, for any violent aggression to qualify as domestic violence, the offender and victim must have an intimate relationship as defined in § 18-6-800.3(2).
Domestic violence may also include a municipal ordinance violation or any other crime committed against a third party for coercion, punishment, revenge, control, or intimidation, directed at a person with whom the aggressor has had an intimate relationship.
For example, a lover who wrecks his partner’s car to intimidate the ex-lover is guilty of a crime involving domestic violence. For an offense to be considered as domestic violence, the relationship must be intimate in nature.
For purposes of distinguishing domestic violence-related crimes from other similar criminal acts, § 18-6-800.3(2) defines an intimate partner as:
While a sexual relationship can be a marker of a close relationship, it doesn’t suffice to demonstrate a relationship exists.
Other cozy relationships, including co-workers, roommates, and close friends, are not intimate.
Domestic violence at home is not punished as a different offense from the hidden vicious act. Where a defendant is indicted for a crime and the court finds out that the wrongdoing included domestic violence and other cruel behavior at home, the court will sentence the accused of the offense. In some cases, the court may also require the defendant to attend a batterer’s treatment program or seek counseling services.
Likewise, the court may arrange that an indicted defendant be evaluated before sentencing, especially if the court establishes that an assessment might be useful in deciding a suitable sentence. A domestic violence offender who has been convicted and sent to prison isn’t required to finish a batter’s treatment program.
In the event of getting arrested and being charged with a domestic violence offense, it is imperative to contact an attorney experienced in dealing with such cases.
In Colorado, a domestic violence offender who has been previously convicted for unlawful acts, including aggressive behavior at home, may face additional criminal penalties.
Understanding the repeat offender statute in Colorado can be problematic. This is the reason why hiring a lawyer is critical. The law is so muddled that a few District Attorneys in Colorado use it. But, the revised law, C.R.S. Section 18-6-801(7)(a), clarifies which offenders should face felony penalties for repeated abuse to their victims.
The 2000 law allowed prosecutors to charge offenders facing their fourth domestic violence offense as felons. This attracted a mandatory prison term of up to three years. The new law makes it clear that previous convictions are deemed alive even if they were tried elsewhere in the state, and it clearly states which offenders should be punished for repeated abuse to their victims.
Colorado law requires a law enforcement officer to make an arrest where reasonable justification exists that a domestic violence offense has occurred or a restraining order has been violated.
However, a police officer doesn’t need to make an arrest in a domestic violence crime where both parties are accusing each other. In such an instance, the officer can establish who the primary or predominant aggressor was based on the following:
If there is no reasonable cause to make an arrest, the police officer should obtain a warrant.
Facing domestic violence charges in Colorado can have long-lasting consequences that can adversely affect your life. Even false or exaggerated accusations can ruin your reputation, cost you a job, and put your future at stake.
If you’ve been arrested or accused of domestic violence, let an experienced attorney at Pisani Law Offices help you fight the allegations. Give us a call today to schedule a consultation. We will evaluate your case, answer all questions that you have, and make suggestions on the most effective defense strategies. If you trust us to handle your case, we’ll dedicate all our resources to ensure the most favorable outcome.