In Weld County, Domestic Violence is charged as a sentence enhancer attached to another crime. This means your punishment and penalties are increased from the original criminal charge. Domestic Violence (DV) is charged when someone you have had an intimate relationship with calls police and accuses you of a crime. In Colorado Springs recently, a man will have Domestic Violence added to a few criminal charges. It is alleged that the defendant attempted to strangle a woman who escaped that residence and fled to a nearby house. The defendant apparently then followed her and fired shots into the house, When the man then tried to enter the home, the resident shot the man in the face and detained him until the police could arrive. If he was in an intimate relationship with the woman her went after, he would face a Domestic Violence sentence enhancer along with Assault and possibly Attempted Murder. A Domestic Violence Sentence Enhancer can cause many issues in your life and have lasting implications. The attorneys at the O’Malley Law Office have many years experience in DV and can help. If you are facing a Domestic Violence Sentence Enhancer charge in Fort Collins, click here.
What is the Definition of 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 the story above, the man could be charged with Assault if it is proven that he did try to strangle the woman. If he was in an “Intimate Relationship” with the woman, a Domestic Violence Sentence Enhancer would be added.
What is the Definition of an “Intimate Relationship” in Greeley, Colorado?
An “Intimate Relationship” in Greeley, is based on a romantic connection or being parents. Examples of this could be
- A wife or husband, or an ex-wife or ex-husband
- A girlfriend or boyfriend, even if they are exes
- A co-parent
Relationships that are not “Intimate Relationships” are roommates, friends, or co-workers unless they are also one of the above categories. It is important to note that it is not necessary that the two people live together or have a sexual relationship.
In Weld County What Happens If the Victim in a Domestic Violence Case Recants?
The Weld County Courts take Domestic Violence cases seriously, and if a victim recants it does not mean the DA will immediately dismiss the case. For example, in the above story, the man not only Assaulted the woman, but he also committed a crime against the neighbor and there were witnesses. In a case like that, the police would have more evidence that just the victim’s claims and it would not matter if she recanted. The Greeley Police are naturally suspicious of a victim who recants because the victim could be fearful or acting under a threat. Simply put, it is important that if you are facing DV charges that you have attorneys who will fight for the best outcome in your case.
What are the Penalties in Greeley, Colorado, Following a Domestic Violence Assault in the First Degree Conviction?
In Greeley, Assault in the 1st Degree is a class 3 felony. The penalties for a class 3 felony can be 4 – 16 years in the Colorado Department of Corrections, 5 years of parole and up to $750,000 in fines. If there is also a Domestic Violence conviction, the penalties could be a protection order, DV classes and treatment, and surrender of firearms or ammunition. A conviction for First Degree Assault with Domestic Violence can lead to harsh punishments and a loss of rights.
If you are being accused of any crime such as Assault with a Domestic Violence Sentence Enhancer in Greeley or Weld County, call the O’Malley Law Office today. Our criminal defense lawyers are waiting to help. Call 970-616-6009 to speak with an experienced criminal defense attorney in the Greeley or Weld County area today. Together, we can protect your future.
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