In Greeley, Colorado, a spouse or intimate partner who hits or causes injury to their loved one, can be charged with Assault and a Domestic Violence (DV) Sentence Enhancer. A hockey team owner was recently charged with Domestic Violence Assault after he allegedly choked his wife. Below, our top Domestic Violence charge attorneys will discuss this Sentence Enhancer and why it is important to hire a skilled attorney when facing it. If you are facing DV Assault or other DV charge in Fort Collins or Larimer County get help here.
Domestic Violence Sentence Enhancer, C.R.S. 18-6-800.3, in Colorado
Domestic Violence, at C.R.S. 18-6-800.3, is defined in Colorado 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.
Domestic Violence (DV) is a Sentence Enhancer, which means that the punishment and penalties are increased from the original criminal charge, and special consequences will result from a conviction. The original criminal charge can be any crime between intimate partners. An intimate partner does not need to be someone currently in a relationship with the accused, but is anyone who a defendant has previously been in a relationship with or has children with.
Typical Criminal Charges with Domestic Violence charge in Weld County
In Weld County, Colorado, any criminal charge can have a Domestic Violence Sentence Enhancer added to it, however the most common ones our defense attorneys see are:
- Assault in the 1st Degree, Assault in the 2nd Degree (which covers choking someone as in the story above), and 3rd Degree Assault
- Harassment
- Stalking
- Child Abuse
If you are facing any of these charges, it is important to hire an experienced criminal defense attorney who can fight for the best outcome in your case. In the case above, the hockey team owner was charged with 2nd Degree Assault and 3rd Degree Assault, as his original criminal charges, plus the added Domestic Violence Sentence Enhancer.
Sentence and Penalties for a Domestic Violence Conviction in Greeley, Colorado
In Greeley, Domestic Violence is a frequently charged crime. Usually, alcohol is involved, along with the strong emotions of relationship issues between couples. Typical sentences for DV will include mandatory DV classes in Colorado’s standardized treatment program, anger management classes, a long-term No Contact Order, and no access to firearms or ammunition ever again. Jail, prison or probation as part of the sentence depends on the severity of the attempted or completed injuries to the victim. For example, although a victim may not have been injured, a threat with a gun will result in a more serious sentence, such as imprisonment at the Weld County Jail. If a victim is actually shot, or stabbed, prison for many years is guaranteed. Repeat offenders are more likely to get time in custody.
In Severance, Ault, and Eaton, Colorado What Is a Domestic Violence Protective Order?
In Severance, Ault, Eaton, and the rest of Colorado, when a person is arrested and the defendant is charged with Domestic Violence, the court must issue a No-Contact Protective Order. This is meant to protect the alleged victim and put conditions on what contact the defendant can have. In many cases, the victim seeks to have the No-Contact portion of this order vacated, or terminated. Yet judges always want a cooling off period and treatment before they’ll allow any changes. The idea is that a couple with only the same tools to handle the next conflict, will likely have a similar result” violence. And, in many cases, this violence escalates and someone is gravely injured. When judges feel there is a cool-down and the couple has more tools to handle conflict from DV classes, there will be a stepped down faze out of the No-Contact portion of the Order. Most No-Contact Protection Orders generally expires at the end of the criminal case and the sentence is fully served. So, if the accused is on probation, the Order will remain until the probation sentence is finished and the case closed.
Hire a Leading Weld County DV Attorney
If you are facing a Domestic Violence charge or another criminal charge in the Weld County Court, it is important to hire a top Domestic Violence Attorney. The attorneys at the O’Malley Law Office have over 30 years of experience in Domestic Violence cases. We can help you study your charges, the police reports, and the law. We can give you a very good idea of how a trial will come out and what your chances are. The Weld County Court system is run by judges and prosecutors. Don’t go to court alone.