Relationships can be confusing. This is illustrated by an article I read recently where a man gave away his ex-girlfriend’s dog. He believed the dog was his to give away, so he gave the dog to a family living in Breckenridge. Unfortunately, his ex-girlfriend’s name was on the adoption papers for the animal, so the man was charged with Domestic Violence – related Theft. Domestic Violence is a sentence enhancer which can be attached to any crime in Weld, Morgan, or Logan County. Let’s take a closer look at how Domestic Violence and Theft are related:
Theft in Greeley and Weld County
Theft (C.R.S. 18-4-401) is charged whenever someone “exercises control over anything of value of another…with the intent to permanently deprive the other person of that thing of value.” Put simply, theft is charged whenever someone takes something of value belonging to another person in Greeley, Windsor, or Evans. This deprives the alleged victim of the item of value. Because the man gave away his ex’s dog (something of value) without her authorization, he was charged with Theft. But, how is Domestic Violence related to theft?
Domestic Violence is added whenever the two people involved have been in an “intimate relationship.”
Domestic Violence: Attached to Any Crime
Domestic Violence (C.R.S. 18-6-800.3) is a label which can be attached to any crime in Erie, Wellington, or Johnstown. It is attached when a crime is committed by a person the alleged victim had an “intimate relationship” with in the past or at the time the crime was committed. Domestic Violence (DV) is easily charged throughout Colorado, because the definition of “intimate relationship” has changed (read a recent blog post about the definition of intimate relationship). In the situation above, the man allegedly committed a crime (Theft) against his ex-girlfriend (a past “intimate relationship”). Because of the intimate relationship, the DV label was attached to the original crime. We feel this label is too broadly applied.
Long-Term Consequences of a Conviction
The man served three days in the El Paso County Jail for adopting out his ex’s pup. He says he has no regrets – but he most likely pled guilty in order to serve the minimum amount of time in jail. Unfortunately, pleading guilty to a criminal offense means his record will never be able to be sealed. For the rest of his life, whenever an employer looks at his past, they will see he has a criminal record. Another important thing to realize if you’ve been charged with Domestic Violence, is the courts issue Temporary Protection / Restraining Orders in criminal cases. If a temporary restraining order is made permanent, the person it is issued against will never be able to own firearms again. If you are facing charges related to DV or Theft, be smart and contact an experienced attorney to fight on your behalf in court.