When you are charged with any crime you can also be charged with a Sentence Enhancer of Domestic Violence. Domestic Violence is charged when someone you have had an intimate relationship with calls police and accuses you of a crime – whether it actually happened or it is a false report. False reports are common with Domestic Violence. Unfortunately, false accusations of Domestic Violence can happen and when it does you will need a top Greeley defense attorney to help you understand these charges and the impacts a likely sentence can have on your life. An O’Malley Law Office criminal attorney can help you with these false allegations and often get your life back on track. Read below to learn more about what happens when a crime has a Domestic Violence Sentence Enhancer.
#1. What is Domestic Violence, C.R.S. 18-6-800.3, in Weld County?
In Weld County and throughout Colorado, the definition of Domestic Violence, C.R.S. 18-6-800.3, is:
In personal relationships, emotions can run high and cause us to do things without thinking. Our attorneys explain that the definition of Domestic Violence fits a wide range of issues which can be misconstrued because of high emotion. The Greeley Police use this definition to charge you with the Sentence Enhancer of Domestic Violence and will always arrest someone when Domestic Violence claims are made.
#2 In Greeley, Colorado, What Happens When You are Charged with Domestic Violence?
When you are charged with Domestic Violence in Greeley, a court and criminal record will be created. Next, you will be placed in the Weld County Jail and you cannot post bail or bond before you are seen in front of a judge. Once this happens, a no contact order will be placed against you, and you will have to surrender all weapons and ammunition that you own. Some of the complications which arise from this mandatory arrest is that you will likely have had missed time at work for being in jail, you cannot return to home if your alleged victim lives there, and it will be tough to arrange care for or contact your children.
#3 What Does Mandatory Arrest Mean in A Domestic Violence Charge in Weld County?
If the Greeley Police are called and probable cause is found for Domestic Violence, an arrest is required to be made. One or both people in the Intimate Relationship can be arrested and immediately taken to the Weld County Jail until an appearance with a judge can be held.
#4 What is the Intimate Relationship Definition in C.R.S. 18-6-800.3 in Greeley, Colorado?
In Greeley, the C.R.S. 18-6-800.3, definition of Intimate Relationship is:
It is important to note that this relationship does not need to be a current one, and that such a relationship can just be a person you dated in the past. A Domestic Violence Sentence Enhancer can be only be charged along side another criminal offense in Weld County. DV can be charged any other criminal offense(s) in the case. General guidelines used to make this determination such as the severity of injuries, if a child was present, and the criminal history of the defendant, will all impact what a judge may do at sentencing. Other penalties include a Domestic Violence evaluation and treatment, fines, fees, a no contact order, and the inability to possess firearms and ammunition. There are many criminal charges that can include a Domestic Violence Sentence Enhancer. The most common are Harassment, Assault, False Imprisonment, and Child Abuse. Hiring an experienced lawyer at the O’Malley Law Office who understands the law regarding domestic violence is essential in all cases, but especially those where you’ve been falsely accused. Image by Miriam Verheyden from Pixabay#5 What are the Penalties of a Domestic Violence Sentence Enhancer in Weld County?
If you are being accused a Domestic Violence crime in Greeley or Weld County, call the O’Malley Law Office today. Make sure you never speak to the police, since they do not want to help you. They want you to talk so you say something incriminating against yourself. Call us at 970-616-6009 to speak with an experienced criminal defense attorney in Greeley or Weld County. Together, we can protect your future.