Colorado considers domestic violence as a sentence enhancer
Domestic violence is a sentence enhancer in Colorado. It is defined as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” Domestic violence also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship. See C.R.S. § 18-6-800.3.Most Colorado crimes can be categorized within the broad term of domestic violence. As the definition indicates, domestic violence includes any crime for the purpose of coercion, punishment, intimidation, or revenge. You should remember that municipal ordinance violations can also be considered crimes of domestic violence.
How Does Colorado Define an intimate relationship?
An intimate relationship is defined as “a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”
The courts have further defined intimate relationship as a romantic relationship as opposed to a purely sexual relationship. While sex can be a component to a intimate relationship, it is not the only consideration.
A court will look at the length of the relationship, nature of the relationship, and frequency of interaction between the parties to determine if there is an intimate relationship. A religious couple that has never had sex can be considered to be in an intimate relationship. Conversely, it can be argued a couple having a one-night stand does not equate to an intimate relationship. Individuals are often charged as being in an intimate relationship regardless of the actual facts, and a criminal defense attorney can help avoid the seriousness of a domestic violence charge.
Domestic Violence Charges Are Handled Differently.
There are several major differences from regular crimes and crimes of domestic violence. For example, criminal charges require a court to issue a mandatory protection order. These orders typically require the defendant to not speak to the victim and vacate their home. A domestic violence protection order will require a person to leave their home if it is shared, and it will require a gun owner to turn any firearms over to the authorities within three days of being arrested. The court could also require the individual to be monitored by GPS.
A domestic violence will also aggravate the underlying charge, and it could result in additional jail time for a charge. Outside of the criminal justice system, a domestic violence allegation will have collateral consequences on a person’s life:
A conviction will prevent an individual from possessing or owning a firearm.
Charges could prevent you from renting an apartment or working in certain industries.
Crimes also have serious impacts on immigration status.
These additional punishments happen for municipal ordinance violations, misdemeanors, and felonies.
A domestic violence will also aggravate the underlying charge, and it could result in additional jail time for a charge. Outside of the criminal justice system, a domestic violence allegation will have collateral consequences on a person’s life:
A conviction will prevent an individual from possessing or owning a firearm.
Charges could prevent you from renting an apartment or working in certain industries.
Crimes also have serious impacts on immigration status.
These additional punishments happen for municipal ordinance violations, misdemeanors, and felonies.
What Are Common Defense to allegations of Domestic Violence?
In some cases, the best defense is that the prosecution cannot prove the alleged crime beyond a reasonable doubt. Take for example, an allegation that a defendant punched a victim repeatedly in the face. If there are no marks or bruises, it could be argued that the person is lying or making up the allegation.
There are also affirmative defenses that can be made. An affirmative defense is a defense that is prescribed by statute, and the best way to understand them is as a justification defense. Basically, a defendant admits to committing the charged offense but that his conduct was justified. The most common affirmative defense is self-defense
There are also affirmative defenses that can be made. An affirmative defense is a defense that is prescribed by statute, and the best way to understand them is as a justification defense. Basically, a defendant admits to committing the charged offense but that his conduct was justified. The most common affirmative defense is self-defense
Get an Aggressive Domestic Violence Attorney in Colorado
To determine if a crime qualifies as an act of domestic violence, you must first determine if there is an intimate relationship. An intimate relationship is defined as “a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.” The courts have further defined an intimate relationship as a romantic relationship as opposed to purely a sexual relationship. While sex can be a component of an intimate relationship, it is not the only consideration.
A court will look at the length of the relationship, nature of the relationship, and frequency of interaction between the parties to determine if there is an intimate relationship. A religious couple that has never had sex can be in an intimate relationship. Conversely, it can be argued a couple having a one-night stand does not equate to an intimate relationship. Individuals are often charged as being in an intimate relationship regardless of the facts, and a criminal defense attorney can help avoid the seriousness of a domestic violence charge.
Because of the serious nature of domestic violence charges, it is important to have an aggressive and competent domestic violence attorney. As mentioned above, these types of cases could impact your gun rights or custody rights.
You should always speak with a competent Colorado domestic violence defense attorney
A court will look at the length of the relationship, nature of the relationship, and frequency of interaction between the parties to determine if there is an intimate relationship. A religious couple that has never had sex can be in an intimate relationship. Conversely, it can be argued a couple having a one-night stand does not equate to an intimate relationship. Individuals are often charged as being in an intimate relationship regardless of the facts, and a criminal defense attorney can help avoid the seriousness of a domestic violence charge.
Because of the serious nature of domestic violence charges, it is important to have an aggressive and competent domestic violence attorney. As mentioned above, these types of cases could impact your gun rights or custody rights.
You should always speak with a competent Colorado domestic violence defense attorney