An “add-on” crime exists in Douglas County and throughout Colorado that often makes a bad situation that much worse. Domestic Violence. This sentence enhancer is used to add penalties for conduct, speed along the process to a guilty plea, and please activists groups. Often added to crimes like harassment, menacing, stalking, or assault, Domestic Violence can certainly wreak havoc for those accused. A seasoned domestic violence attorney is especially crucial to help with next steps in all criminal matters.
Domestic Violence Definitions | Douglas County Lawyer
Domestic Violence – C.R.S. 18-6-800.3 refers to an act or threatened act of violence against someone in an intimate relationship with the actor. This also includes any other crime against a person, property, or animal as a method of coercion, control, punishment, intimidation, or revenge.
Here, intimate relationship refers to spouses, former spouses, past or present unmarried couples, or those that are the parents of the same child. With the overarching vagueness of any other crime against a person, property, or animal, it is indeed easy to see how a charge of domestic violence can come out of nowhere.
Intricacies of Domestic Violence
To begin with, domestic violence itself doesn’t necessarily involve any violence. Being in an intimate relationship with someone and doing something as simple as taking their car keys as a means of revenge can lead to a charge. Secondly, an intimate relationship doesn’t mean a sexual one. Going on even one date can open the door to qualify as an intimate relationship.
In addition, nonviolent situations between spouses where someone might block a doorway to continue talking constitutes domestic violence. Furthermore, domestic violence as a label can lead to standardized classes that last for months. Finally, district attorneys and courts attempt to hurry domestic violence situations along to achieve conviction before a defendant can consult a domestic violence attorney.
Sentencing for Domestic Violence Cases in Douglas County
Domestic violence can be added to any misdemeanor or felony offense in Colorado. If someone is charged with a 4th offense that includes domestic violence, a class 5 felony will result. C.R.S. 18-6-801 states:
“any misdemeanor offense that includes an act of domestic violence is a class 5 felony if the defendant at the time of sentencing has been previously convicted of 3 or more prior offenses that included an act of domestic violence and that were separately brought and tried and arising out of separate criminal episodes.”
A class 5 felony comes with difficult consequences. A period of 1 to 3 years in prison is a possibility. Also, a fine of between $1,000 and $100,000 can apply.
Don’t talk to law enforcement about a domestic violence allegation – talk to us. 303-265-1950
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