Domestic Violence / DV is added as a sentence enhancer in Weld County, Colorado when one person is accused of committing a crime against an intimate partner. In essence, this means that if a person is charged with a crime against a former or current spouse, significant other, or co-parent, they would be given a DV sentence enhancer. This has several implications throughout the case, starting with the defendant’s arrest and continuing all the way through sentencing. If you have been charged with a crime with a DV sentence enhancer, it is essential that you contact a top criminal defense lawyer – fast.
1. Domestic Violence is a sentence enhancer at the Weld County Courts.
Domestic Violence, C.R.S. 18-6-800.3, is not a crime that can be charged on its own in Weld County. Rather, it’s a sentence enhancer that is tacked onto another crime, like Assault or Stalking, to increase the penalties imposed on a defendant if they are convicted. In addition to penalties for the underlying offense, the defendant must also complete DV treatment and permanently relinquish their firearms and ammunition.
2. It doesn’t take much to be charged with a Domestic Violence crime in Greeley.
Not much is required to be charged with a Domestic Violence crime in Greeley. The only requirement for the sentence enhancer to be added to a crime is that the defendant and alleged victim were in an intimate relationship at one point. Ironically, this means that Domestic Violence is most frequently added as a sentence enhancer to non-violent crimes, such as Harassment or False Imprisonment. Worse yet, simple misunderstandings – not intentional, malicious behavior – are what tend to give rise to these criminal charges. It’s not unusual for a person to be arrested for False Imprisonment for blocking a doorway to prevent their spouse from leaving during an argument. We have also seen people charged with Harassment for repeatedly trying to contact their significant others after they were “ghosted.”
3. Domestic Violence cases are different from other criminal cases at the Weld County Courts.
When Domestic Violence is added as a sentence enhancer at the Weld County Courts, it completely changes several aspects of the case. First, if the Greeley Police are dispatched on a DV call, they are required by Colorado law to arrest the suspect if there is enough probable cause. They do not have the option of issuing a summons, even if the offense is non-violent. When the arrested person is booked into the Weld County Jail, they are not permitted to post bond unless they have signed a form acknowledging the protection order prohibiting contact with the alleged victim. The District Attorney / DA must then prosecute the case, regardless of the victim’s wishes. DV cases are only dismissed when DAs recognize that they have weak cases against defendants.
If you have been charged with a crime of Domestic Violence, it is in your best interest to contact a top criminal defense lawyer with plenty of experience representing clients in DV cases. The aspects of DV cases listed above can make them challenging. However, an experienced attorney can deftly and skillfully handle your case by representing you at the Weld County Courts, helping you to protect your future.
Have you been charged with a crime of Domestic Violence? First, exercise your right to remain silent, and do not talk to the Greeley Police about your case. Then get in contact with a top criminal defense lawyer with decades of experience at the O’Malley Law Office today at 970-616-6009 to discuss your case. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
Photo by Karolina Grabowska