In Weld County, Domestic Violence or DV is a Sentence Enhancer that is imposed with any other criminal charge such as Felony Vehicular Eluding. A Pueblo man was recently charged with both after a police chase through the streets. A call was made to the Colorado State Patrol when two people were supposedly in a fight on the side of I-25. When police responded, a car chased ensued, and the vehicle was later found in a parking lot. The driver was then detained, likely facing charges of Eluding Police, Reckless Driving, and possibly Domestic Violence. Below, our experienced criminal defense attorneys will discuss Felony Vehicular Eluding, DV charges and why having a top Weld County attorney will get you the best outcome in your criminal case.
Definition of Felony Vehicular Eluding, CRS 18-9-116.5, in Greeley, Colorado
Felony Vehicular Eluding, C.R.S. 18-9-116.5, in Greeley is defined as:
It is important to note that for a person to be charged with Vehicular Eluding, they must knowingly attempt to evade or evade police and also drive recklessly. In the above story, if the man is charged with Vehicular Eluding and Reckless Driving, then he could be found guilty of Vehicular Eluding. If you are facing a Reckless Driving charge, you can learn more about it here.
Weld County Legal Definition of Domestic Violence Sentence Enhancer, C.R.S. 18-6-800.3
The Weld County legal definition of Domestic Violence, C.R.S. 18-6-800.3, is:
In the story above, the man could be also charged with DV if the person he was fighting with was also in the car when he was Eluding Police and Recklessly Driving. A DV charge is not a criminal charge by itself, however it can be charged with any other criminal charge and is a sentence enhancer. This means that the punishment and penalties are increased from the original criminal charge, when DV is added as a sentence enhancer. When there is a Domestic Violence charge, it is very important to hire a skilled attorney because the defendant will also face a Protection Order and may be ordered to complete a complete a Domestic Violence treatment program.
What are the Penalties of Felony Vehicular Eluding in Erie and Windsor, Colorado?
In Erie, Windsor and all of Colorado, Felony Vehicular Eluding with no injury, is a class 5 felony with penalties of 1 to 3 years in a Colorado State Prison, and a fine of $2,000 to $100,000. If there is an injury, then the sentence is a class 4 felony with penalties of 2 to 6 years prison, and a fine of $4,000 to $500,000. If it is a class 3 felony resulting in a death, the penalties increase further.
Why Hire the Best Weld County Attorney for a Domestic Violence Sentence Enhancer or Vehicular Eluding?
When facing a criminal charge in Weld County, having the best defense attorney can make all the difference. The criminal attorneys at the O’Malley Law Office have over 30 years of experience defending criminal cases and want to help you. Our attorneys know that mistakes can happen and have a good working relationship with the Weld County Courts. Felony cases such as Vehicular Eluding can not only cause a defendant to face time in prison, but also to lose their employment and housing. DV Sentence Enhancers can be frustrating to navigate in the court system. Protection Orders cause the loss of housing, ability to discuss matters about your children and implications at your place of employment. Let our attorneys help you in this complicated situation.