Are you facing a Domestic Violence, or DV charge in Greeley or Weld County? You can lose your firearm and gun rights from a conviction for Domestic Violence. Our defense lawyers can go to court with you and fight these accusations of Domestic Violence, and hopefully save your gun rights. Domestic Violence charges have sentencing laws which can make it so you can’t legally possess a gun again. Below, the top Greeley Domestic Violence attorneys will discuss this crime and the loss of gun rights. We’ll also give you a list of common DV crimes. If you are facing a DV charge in Fort Collins or Larimer County get help here.
Guns Rights from a Domestic Violence Conviction – How to Keep from Losing Your Firearm Rights
Traditionally under many types of Domestic Violence convictions, you’ll automatically lose your gun rights. Prior to a conviction, most judges will say that you cannot possess a firearm or ammunition and make you relinquish any guns and ammunition in your possession. Domestic Violence loss of firearms rights start with a federal law – 18 USC § 922(g)(9). Here, the law says that any Domestic Violence conviction from federal crimes or state crimes, which have an element of Domestic Violence, will result in the prohibited possession of ammunition or firearms. Importantly, just because something is called Domestic Violence does not make it Domestic Violence for firearm prohibition. In other words, there are some State of Colorado crimes which are labeled “domestic violence” which will NOT make you ineligible to possess a gun. If you want to possess a gun in the United States, you can’t enter into a plea of guilty to any of the prohibited conduct listed below.
The Federal Law, 18 USC § 922(g)(9) on Losing Run Rights from a Misdemeanor Domestic Violence Conviction
18 USC, § 922 states:
(g) It shall be unlawful for any person-
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien-
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that-
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
*(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
The federal definition of Misdemeanor Crime of Domestic Violence is important to the previous definition, so let’s take a look at that:
Title 18, §921(a)(33)(A) Except as provided in subparagraph (C),2 the term “misdemeanor crime of domestic violence” means an offense that-
(i) is a misdemeanor under Federal, State, or Tribal 3 law; and
(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.
Weld County Legal Definition of Domestic Violence, C.R.S. 18-6-800.3
Domestic Violence in Weld County, Colorado, is located at C.R.S. 18-6-800.3, and is legally defined 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.
An intimate relationship between a defendant and the victim is the only requirement for a Domestic Violence Sentence Enhancer to be applied. With this enhancer, you will face tougher punishments and lose your gun rights. Call us to help protect your firearm rights.
Definition of “Intimate Relationship” in C.R.S. 18-6-800.3 in Colorado
In Colorado it is important to understand the words in a statute. “Intimate relationship” is an important phrase to define when looking at a DV charge. The definition of “intimate relationship” means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time. The key take away is that to have an “intimate relationship” you do not have to currently be living together nor do you have had to be married or live with one another.
Common Criminal Charges Related to Domestic Violence in Weld County
The common charges in Weld County that Domestic Violence is applied to are:
- Domestic Violence Assault – C.R.S. 18-3-202, or C.R.S. 18-3-203, or C.R.S. 18-2-204
- Domestic Violence Child Abuse – C.R.S. 18-6-401
- Domestic Violence & Stalking – C.R.S. 18-3-602
- Domestic Violence and Harassment – C.R.S. 18-9-111
- Menacing with Domestic Violence – C.R.S. 18-3-206
- Sexual Assault with Domestic Violence – C.R.S. 18-3-402
- Violating a Restraining Order with Domestic Violence – C.R.S. 18-6-803.5
While these are the most common charges, DV can be applied to any criminal offense that involves an intimate partner.
Punishments for Domestic Violence Convictions in Windsor, Fredrick, or Ault, Colorado
In Windsor, Fredrick, Ault, and across Colorado, if you are charged with Domestic Violence the judge will issue a mandatory protective order and the sentence and penalties will increase depending on the original criminal charge. The judge can also order the defendant into a Domestic Violence treatment program.
The lawyers at the O’Malley Law Office will learn the details of your case and work towards the best outcome in your case. We have over 30 years of experience fighting for our clients in Domestic Violence cases.