Domestic Violence Attorney in Greeley and Weld County, Colorado

Domestic Violence Charges in Weld County, Colorado Court

If you have been accused of threatening or harming a loved one in a Weld County Domestic Violence crime, it is imperative that you hire a leading criminal defense attorney immediately.  The Domestic Violence label heightens the severity of a crime in Colorado courts and this level of attention is reflected throughout the entirety of the accused’s case.  When Greeley police are dispatched to investigate a Domestic Violence crime, they are legally required to promptly make an arrest of anyone for whom they have probable cause of committing a DV crime.  Sometimes this involves the arrest of both parties to the dispute. When the person(s) charged appears at the Weld County Court for their first court hearing in-custody, a judge or magistrate will set bond, after issuing a no-contact protection order.  Violation of this order, even for a good reason like child care or discussing money to pay family bills, will result in the filing of a new case against the defendant.  Never make contact with your protected party before getting the advice of a Colorado defense lawyer, and permission of a judge.

What is the Fast Track for Greeley, Colorado, Domestic Violence Cases?

In most Colorado counties, Deputy District Attorneys are trained to reset cases quickly, and will often label them as “fast track” cases.  DAs know that many alleged victims will come to their senses and try to get their loved one out of the Weld County Jail - offering more accurate and defense-favorable renditions of the facts. Government lawyers don’t want Domestic Violence defendants having much time to hire a lawyer either, and will often offer attractive resolutions to cases before a defendant gets out on bond.  The result? We have many defendants call us after they’ve taken a plea agreement which they did not need to take – just to accelerate getting out of jail.  It is difficult to undo a plea of guilty in a DV case.

Sentence Enhancer or a Crime in Itself?  The Unique Role of Domestic Violence in Weld County

Domestic violence is not a crime in itself, but is a sentence enhancer.  There must be an underlying conviction for another crime, for DV enhancers to apply.  When a defendant is convicted of a DV offense, they face penalties for the original, underlying crime they were charged with, along with additional penalties for Domestic Violence.  A conviction for this type of crime can result in the loss of firearm possession rights throughout the United States.  If you have been charged with a crime and a Domestic Violence sentence enhancer, a leading Greeley criminal defense lawyer can fiercely defend your case in the Weld County Courts and keep you out of the Weld County Jail or a Colorado prison.  Never enter a plea of guilty until you’ve had plenty of time to talk with a lawyer of your choice, and after you’ve learned the position and statements of your alleged victim.

How Does the Weld County Court Define Domestic Violence, C.R.S. 18-6-801?

According to the Weld County Court, Domestic Violence is not a criminal charge, but a sentence enhancer under C.R.S. 18-6-801.  This means that a person cannot be charged with Domestic Violence alone.  Instead, someone is first charged with another crime – such as Assault in the Second Degree  or Harassment – and receives a Domestic Violence sentence enhancer if the crime meets the necessary criteria.  Ultimately, this means that the person charged serves the Weld County Jail or Colorado prison sentence and pays the fines that come with the original sentence, but will have additional penalties and treatment requirements for the Domestic Violence sentence enhancer.  Probation is a likely resolution for many first-time offenders, provided the victim has not suffered significant harm.

Greeley False Allegations of Domestic Violence

Unfortunately, false allegations of Domestic Violence are common in Greeley.  Falsely accusing someone of Domestic Violence is a common way for people to seek revenge against exes following a break-up.  People who regret having a sexual encounter with another person may also claim that they are a victim of Domestic Violence to avoid responsibility, even when the allegation has no basis.  Whatever the case, if you have been falsely accused of Domestic Violence, it’s critical that you not speak with police and call a top criminal defense attorney immediately so you do not have to suffer the consequences of a crime you didn’t commit.

Weld County Elements of a Domestic Violence Enhancer, C.R.S. 18-6-801

Under C.R.S. 18-6-801, there are three specific criteria that a crime must meet to also be considered a Domestic Violence crime in Weld County:

  • Act or threat of violence – Both threats and actual acts of violence are regarded as Domestic Violence. The threat or violent act can be against the victim or his or her property.  This includes the victim’s house, apartment, or other dwelling space, his or her car, and the victim’s pet.
  • Motive – The initial crime was committed as a method of coercion, control, punishment, intimidation, or revenge.
  • Relationship – The person who committed the crime was at one point involved in an intimate relationship with the person at whom the crime was directed. This does not need to be a current relationship.

Essentially, Domestic Violence is added as a sentence enhancer when the person who committed the crime did so to coerce, control, intimidate, or harm another, and when the two people (the actor and the victim) were in an intimate relationship at one point.  As an example, a woman who punched her boyfriend to intimidate him would be charged with Assault, C.R.S. 18-3-202 and Domestic Violence, C.R.S. 18-6-801.

What is an “Intimate Relationship” in Greeley?

In Greeley, Colorado, the presence of an “intimate relationship” is one of the criteria for a Domestic Violence sentence enhancer.  Colorado law defines an “intimate relationship” as a relationship between:

  • Spouses
  • Former spouses.
  • Current or former unmarried couples.
  • Parents of the same child, regardless of whether the parents have been married or cohabitated at any point.

Domestic Violence also extends beyond the person involved in the intimate relationship and to his/her pets, property, and friends and family.  Read more about intimate relationships here.

Mandatory Arrests for a Domestic Violence Offense in Weld County

When Greeley, Fort Lupton, or other Weld County police officers receive a report of Domestic Violence, they are required by Colorado law to quickly arrest the suspected person responsible for the offense.  Unlike most crimes, if Greeley or other Weld County police determine that there is no need to make an arrest, they are still legally obligated to do so.  If you are arrested for a crime involving Domestic Violence, you will appear before a Weld County Court judge, who will then file a mandatory protection order against you.  This is all regardless of whether the victim wants to press charges or have a protection order issued.  In addition, if you and the victim have children together, the protection order often prohibits you from seeing them.

Weld County Crimes with Domestic Violence Enhancers

Assault, C.R.S. 18-3-202+ in Greeley

Assault is charged in Greeley when one person causes bodily injury to another person.  Assault is divided into three degrees, depending on the severity of the bodily injury and whether a deadly weapon was used.  If a man pushes his wife into a wall, or if a woman punches her boyfriend, they can be charged with Third Degree Assault and Domestic Violence.

Weld County Menacing, C.R.S. 18-3-206

In Weld County, Menacing is a person / violent crime defined as “knowingly placing or attempting to place another person in fear of imminent serious bodily injury.”  Menacing is generally a class 1 misdemeanor unless the person charged used a weapon, such as a gun or knife, and then it is a class 5 felony.  It is important to note that Domestic Violence isn’t only charged when someone actually harms another person in an intimate relationship, but also when they threaten them.

Greeley Cruelty to Animals, C.R.S. 18-9-202

Cruelty to Animals is a common Domestic Violence crime in Greeley.  Often, people seeking to coerce or intimidate their ex, significant other, or spouse will do so by harming or threatening their jointly owned pet.  If a person harms a pet that belongs to a significant other, spouse, or co-parent, they will receive a Domestic Violence sentence enhancer on top of their Cruelty to Animals charge.

Violation of a Protection Order, C.R.S. 18-6-803.5 in Weld County

Following a Domestic Violence case, or another case involving a victim, the Weld County Court will issue a protection order to prohibit the person accused from contacting their victim.  If the protection order is violated and the defendant attempts to or contacts the victim, they will be charged with Violation of a Protection Order, C.R.S. 18-6-803.5, a whole new crime.

Greeley Sexual Assault, C.R.S. 18-3-402

Sexual Assault, or rape, is one of the most severe Domestic Violence offenses in Greeley, and is charged when one person sexually intrudes or penetrates another against that person’s will.  Sexual Assault is subject to indeterminate sentencing, meaning that if a person is convicted for a sex crime, he or she can serve a maximum of the rest of his or her natural life in a Colorado prison. With a Domestic Violence enhancer, it’s likely that the Weld County district attorney will prosecute a Sexual Assault case ruthlessly and push to give the defendant the harshest fines and Colorado prison sentence possible.

Why Hire a Leading Greeley Domestic Violence Attorney?

If you are charged with a crime carrying a Domestic Violence sentence enhancer in Greeley, you will likely be sentenced to the following:

  • Paying for and undergoing mental health evaluations
  • Paying for and completing Domestic Violence treatment
  • Relinquishing any firearms and ammunition you may own
  • Temporary loss of child custody

This is in addition to the penalties that already come with your original charge.  Depending on the crime, you could be facing:

  • Time at the Weld County Jail or in a Colorado prison
  • Thousands of dollars of fines, court costs and restitution
  • High bail bonds
  • Mandatory parole following your time in prison, if you have been convicted of a felony crime
  • Required registration on the sex offender registry if you have been convicted of a sexual offense

If you’re facing charges for a Domestic Violence crime, time is of the essence.  Don’t delay hiring the best Greeley criminal defense lawyers for your case, especially if the allegations against you are false.  Your personal liberties, finances, and relationships are at significant risk when you face criminal charges, and this becomes all the more true when you are charged with a Domestic Violence crime.  Don’t try to take on the Weld County district attorneys alone – talk to a criminal defense lawyer at the O’Malley Law Office today.  Our compassion, thorough understanding of criminal law, and expertise will ensure the best possible outcome in your case – which can include a reduction or even complete dismissal of your criminal charges.  After thousands of criminal cases, we understand the Weld County Court process.

Have you been charged with a Domestic Violence crime? 

Be smart, exercise your right to remain silent, and call the leading criminal defense attorneys at the O’Malley Law Office. 

Call (970) 616-6009 or fill out the Get Help Now form to talk with an experienced Domestic Violence attorney in Weld County and the Greeley area for a free consultation.

Together, we can protect your future.

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