As experienced Greeley Domestic Violence defense attorneys, we’re here to explain how DV cases work in Colorado. Let’s take a look at some frequently asked questions related to Domestic Violence laws in Weld County and across Colorado.
What is Domestic Violence in Colorado?
Domestic Violence is not a crime in and of itself in Erie and Windsor. It is actually a sentence enhancer that can be added to ANY crime when the victim and the accused are currently or have been in an intimate relationship. Therefore, a person is never charged with Domestic Violence alone. There will always be another crime and then that crime is considered an act of Domestic Violence. For example, if you slapped your neighbor across the face in an argument, you would be charged with Harassment. If you slapped your boyfriend across the face in an argument, you would be charged with Harassment as an act of Domestic Violence. The DV sentence enhancer means there will be extra requirements for sentencing – like completing Domestic Violence treatment.
What Does it Mean to Be a Domestic Violence Habitual Offender?
Under C.R.S. 18-6-801(7) – Domestic Violence – the following outlines how a person is labeled a habitual Domestic Violence offender:
Basically, if the person has 3 or more prior DV convictions, then any level misdemeanor charge is automatically a class 5 felony instead. This means the person could be subject to a sentence to the Colorado Department of Corrections.
Can Domestic Violence Charges Be Dropped in Firestone?
Domestic Violence charges cannot, technically, be dropped in the way many people think. Often, the alleged victim thinks they have the power to press or drop charges related to Domestic Violence cases. However, this is not true. A victim can report a DV crime, but law enforcement and the District Attorney’s Office have final say regarding if there is enough evidence to pursue the case. Sometimes, a victim calls the police thinking they will get to decide if their significant other will be arrested and charged. If a crime is reported and the Firestone Police feel there is probable cause for a DV arrest, then the person will be arrested whether the victim likes it or not. The victim can also communicate with the Weld County DA’s office and victims advocate to express their desire for a case to be dismissed, but the DA does not have to respect those wishes. If they feel there is enough evidence to pursue the case, they often will even if the victim is not on board.
If you or someone you love has been arrested for a Domestic Violence offense, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
Photo by Pixabay