Alleged violence in the home can pose serious risks to everyone involved. However, while it is understandably important to protect possible victims, it is also important that the accused be given every opportunity to defend him or herself. A recent domestic violence dispute resulted in a Colorado man’s arrest.
A 38-year-old father and husband was taken into police custody after they reported to his residence early in the evening. According to reports, the man and his daughter were engaged in an argument when a gun was added into the mix. The wife and daughter claim that he then pointed the firearm at both of them.
At that point, the daughter was allegedly instructed to retrieve another gun from somewhere in the house. Some sort of struggle occurred after she retrieved the second firearm, and both she and her father discharged their guns, although no one was struck in the altercation. The mother then took control of one of the firearms and retreated to a nearby house with her children. It is not clear if she notified the police or if the phone call came from someone else who overheard the event.
The father has been charged with child abuse, prohibited use of a weapon and menacing. Unlike other states, Colorado state law does not treat domestic violence as a distinct charge, but rather as an enhancer to other criminal allegations. Since a domestic violence enhancer can create steeper consequences if convicted, defendants are usually well advised to conduct a thorough review of the allegations alongside their counsel before deciding on any one defense strategy.