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Is Domestic Violence a Felony in Colorado?

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Posted By William McAdams | September 10 2024 | Domestic Violence

Domestic violence cases are serious legal matters that require careful consideration of various factors. In the state of Colorado, domestic violence might be charged as a misdemeanor or felony offense, depending on the circumstances.

Colorado has the Colorado Domestic Violence Offender Management Board (DOM), which outlines the criteria for classifying domestic violence offenses as felonies. These criteria include factors such as the severity and nature of the offense, the offender’s criminal history, and the presence of any aggravating circumstances.

Due to these complicated issues, always consult with an experienced defense attorney who handles domestic violence cases. If you or a loved one are facing charges related to domestic violence, contact McAdams Law Office for comprehensive legal guidance and representation from a Greeley domestic violence defense lawyer.

Consequences of a Domestic Violence Charge in Colorado

Being charged with domestic violence in Colorado can have serious consequences that can impact various areas of your life. If convicted, you may face penalties such as:

  • Fines
  • Probation
  • Mandatory counseling programs
  • Community service
  • Incarceration

In addition to these legal consequences, a domestic violence charge can also have far-reaching effects on your personal and professional life.

Employment opportunities may become limited, as some employers may be unwilling to hire individuals with a domestic violence conviction. Additionally, a domestic violence charge can affect child custody and visitation rights in divorce or child custody proceedings. It can also damage your reputation and strain relationships with family and friends.

To protect your future and ensure the best possible outcome, immediately seek legal representation from a domestic violence defense lawyer in Colorado.

Common Domestic Violence Felony Charges

In Colorado, domestic violence charges can range from misdemeanors to felonies, depending on the severity of the underlying offense and the presence of aggravating factors. Some of the most common domestic violence felony charges include:

  • Assault in the first or second degree: These charges involve intentionally causing physical injury to a person with whom the offender has an intimate relationship. The severity of the injuries and the use of a deadly weapon can elevate the charge to a felony.
  • Sexual assault: Any form of non-consensual sexual contact, including rape, sexual assault on a child, or sexual assault on an at-risk adult, can be charged as a felony domestic violence offense.
  • Stalking: When a person repeatedly follows, contacts, or threatens another person, causing them emotional distress or reasonable fear for their safety, it can be considered stalking. In cases involving a current or former intimate partner, stalking charges can be enhanced to a felony.
  • Kidnapping: Unlawfully confining or carrying away another person against their will can result in kidnapping charges. When the victim is a current or former intimate partner, the charge can be classified as a domestic violence felony.
  • Violation of a protection order: If a person knowingly violates the terms of a protection order, such as by contacting the protected person or going to their residence, it can result in a domestic violence felony charge.

These are just a few examples of the domestic violence felony charges individuals may face in Colorado. Consult with a domestic violence defense attorney who can assess your specific situation and develop a strong defense strategy.

Is It Possible to Fight a Domestic Violence Enhancement Charge in Colorado?

In some cases, individuals facing domestic violence charges in Colorado may also be subject to domestic violence enhancement charges. Domestic violence enhancement charges can significantly increase the severity of the penalties associated with the primary charge. However, it is possible to fight against these enhancement charges with the help of an experienced domestic violence defense lawyer.

To successfully fight a domestic violence enhancement charge, your attorney may:

  • Challenge the underlying domestic violence charge: If your attorney can successfully argue for a reduction or dismissal of the primary charge, the enhancement charge may also be eliminated.
  • Challenge the evidence supporting the enhancement charge: Your attorney can review the evidence presented by the prosecution and identify any weaknesses or inconsistencies that can be used to undermine the domestic violence enhancement.
  • Present strong alternative explanations: Your attorney can present evidence and arguments that cast doubt on the applicability of the domestic violence enhancement in your case. This may involve demonstrating that there was no intimate relationship, disputing the severity or nature of the offense, or challenging the credibility of the alleged victim.

By working closely with a skilled domestic violence defense attorney, you can increase your chances of fighting domestic violence enhancement charges and achieving a more favorable outcome in your case.

How Long Does a Domestic Violence Charge Stay on Your Record in Colorado?

A domestic violence charge in Colorado can have long-lasting effects on your criminal record. In general, once a charge is filed, it becomes a part of your criminal record. However, the length of time a domestic violence charge stays on your record can vary depending on the specific circumstances and the outcome of the case.

If you are acquitted or the charges against you are dismissed, you may be eligible to have the charge sealed or expunged from your record. This means that the charge will no longer be visible to the public or accessible in background checks. However, if you are convicted of domestic violence, the charge will remain on your record permanently, unless it is eligible for sealing or expungement under specific circumstances.

Even if a domestic violence charge is sealed or expunged, it may still be accessible to law enforcement and other government agencies in certain situations. Consulting with a domestic violence defense lawyer can help you understand the potential consequences of a domestic violence charge and explore options for minimizing the impact on your record.

Contact a Greeley, CO Criminal Defense Attorney Now

If you or a loved one are facing charges related to domestic violence in Greeley, CO, it is important to seek legal guidance as soon as possible. The consequences of a domestic violence charge can be severe and can impact various areas of your life, especially if it is a felony charge. McAdams Law Office is here to provide comprehensive legal guidance and representation to individuals facing domestic violence charges.

Contact McAdams Law Office online or call 970-353-0000 to schedule a consultation with a skilled Greeley, CO criminal defense attorney.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.