First-time domestic violence charge

A first-time domestic violence charge in Colorado can change your life. Even if you’ve never been charged with domestic violence before you need to take this seriously and the consequences are serious.

Domestic violence is not a stand-alone crime in Colorado. It’s an aggravator or sentence enhancer. Going through first-time domestic violence charges? This guide will give you the lowdown on Colorado domestic violence laws, discuss penalties and jail time for a first-time domestic violence charge, and more.

Colorado Domestic Violence Laws

Colorado law defines domestic violence as an act or threatened act of violence. The violent act is upon a person with whom the actor is or has been in an intimate relationship. This includes spouses, former spouses, past or present unmarried partners, or co-parents. Domestic violence includes crimes against people, property, or pets.

Colorado domestic violence laws cover threats, acts of violence, stalking, harassment, retaliation, and coercion. Coercion is the act of pressuring, intimidating, or threatening someone into doing something they want. Stopping someone from doing something they have a right to do is another definition of coercion.

The other charge may be elevated to domestic violence. It’s not a charge in and of itself. For example, a man may face misdemeanor assault charges if he hits someone. He may face misdemeanor assault charges for domestic violence if he hits his wife. In most cases, if there’s intimate partner abuse the prosecutor will file domestic violence charges.

Colorado Revised Statutes § 18-6-800.3

It defines domestic violence in general terms and covers a lot of harmful behavior. It lists the specific acts that are domestic violence, physical assault, threats, stalking, coercion, false imprisonment, property damage, and sexual assault. It covers the scope of domestic violence offenses in Colorado and how to identify and prosecute offenders.

Colorado Revised Statutes § 18-6-802

It lists the penalties for domestic violence offenses which vary depending on the crime. Fines, imprisonment or both. It also lists the factors the court can consider when sentencing.

For example, the defendant’s criminal history, the nature of the crime and the impact on the victim.

Colorado Revised Statutes § 18-6-803

It outlines the process for getting a restraining order to protect a domestic violence victim. The statute tells the victim how to get a restraining order. They may have to file a petition with the court and provide evidence of the domestic violence.

It also lists the types of relief the court can grant in a protection order. For example, not allow the abuser to contact the victim, come near their residence, or possess firearms.

Common DV charges

These are the domestic violence situations according to Colorado Law if you’re facing a first-time domestic violence charge:

• Physical Assault :- A husband hits his wife in the face multiple times during an argument and leaves her with bruises and a concussion. That’s domestic violence.
  
• Stalking :- A man follows his ex-girlfriend everywhere, makes her feel unsafe and she’s always looking over her shoulder. He sends her harassing texts and shows up at her work uninvited.
  
• Coercion :- A woman forces her partner to have sex against his will, threatens to harm him or his family if he doesn’t comply.
  
• Property Damage/Criminal Mischief:- A man throws a vase at his wife during an argument. The vase breaks and glass shatters on the floor. He then breaks her phone and laptop so she can’t contact anyone. This could fall under criminal mischief and telephone obstruction.

What Are The Penalties For A First Time Domestic Violence Charge?

Domestic violence is a serious crime in Colorado with big legal consequences. Even a first-time offense can mean big time, big fines and big restrictions. The penalties for a first-time domestic violence charge in Colorado depend on several factors.

It’s the nature of the crime, the defendant’s criminal history and the specific circumstances of the case.

• Jail Time: A first-time domestic violence can mean days or even years in jail. But the actual sentence will vary depending on the severity of the crime and the defendant’s criminal history.
  
• Fines: In addition to jail time, the defendant may have to pay thousands of dollars in fines, fees, costs.
  
• Probation: The court may also put the defendant on probation. It means the defendant has to comply with certain conditions, such as attending counseling or not contacting the victim.
  
• Mandatory Protective Orders: Even before a first-time domestic assault charge is proven, the court will issue a mandatory protective order. The order can prohibit the defendant from contacting or harassing the victim. In Colorado this is called an 18-1-1001 order.
  
• Loss of Firearms: Colorado law prohibits individuals convicted of domestic violence from having or owning firearms. This can have big consequences for individuals who use weapons for work or personal protection.
  
• Restitution: If the victim suffered financial losses as a result of the domestic violence, the defendant may be ordered to pay the victim back.

What Happens When Someone Commits a crime of Domestic Violence?

Domestic violence in Colorado is not a standalone crime. It’s an aggravating factor that can increase the penalties for underlying crimes. Probation may be an option for first time offenders who have no prior convictions.

Legal Consequences

1. Arrest and Detention: If law enforcement has probable cause to believe a domestic violence occurred, they are required to make an arrest. The accused will be taken to jail and held until a court appearance. At that time a judge will decide if they can be released on bond or be held in custody.
   
2. Protection Orders: A domestic violence charge usually results in a protection order. This restricts the accused’s contact with the victim. These orders can include not contacting the victim, not entering their home or workplace and not having firearms.
   
3. Criminal Charges and Penalties: The criminal charges and penalties for a domestic violence depend on the nature of the crime and severity. But even a first-time offense can mean:
   
   Misdemeanor charges: Fines, jail time, and mandatory domestic violence counseling.
   Felony charges: More serious offenses like assault or stalking can be felony charges with bigger penalties including imprisonment.
   
   
4. Mandatory Domestic Violence Programs: As part of probation or sentencing individuals may be required to complete mandatory domestic violence programs. These programs address the underlying causes of violent behavior and provide tools for conflict resolution and anger management.

Long Term Consequences

A first-time domestic violence conviction can have long term consequences beyond the immediate legal penalties. These may include:

• Trouble finding a job: Many employers do background checks. A domestic violence conviction can make it hard to get or keep a job.
  
• Housing restrictions: Some landlords may not rent to individuals with a history of domestic violence.
  
• Loss of custody or visitation: Parents involved in domestic violence cases may have trouble with custody or visitation arrangements.

First Time Domestic Violence Assault Jail Time

You may be asking, “Will I go to jail for a first-time domestic violence charge in Colorado?” The truth is, there are many factors that play into that answer. Prosecutors take Domestic violence charges very seriously, and you should too. On every DV charge jail is a possibility. In some cases, it is more likely than others.

Domestic violence charges have consequences before a jury even hears your side of the story. Depending on the severity, domestic abuse in Colorado can mean jail time from a few months to 32 years.

Your criminal history, the severity of the domestic abuse, the charges that come with it and other factors will all impact the sentence you get for domestic violence. In Colorado assault has 3 degrees:

Assault Type	Degree	Jail Time
First Degree Assault	Class 3 Felony	10-32 years
Second-Degree Assault	Class 4 Felony	5-16 years
Third-Degree Assault	Class 1 Misdemeanor	Up to 18 months

Domestic violence is a serious crime in Colorado with big penalties for those convicted. Jail time is not the only penalty. A first-time offender of a domestic violence charge in Colorado can also get:

Domestic violence treatment program

In addition to jail time a first-time domestic violence offender may get a domestic violence treatment program sentence. These programs help offenders understand domestic violence and develop healthy coping skills.

Drug and alcohol counseling

If the domestic violence was related to drug or alcohol use the offender may have to go to drug and alcohol counseling. These programs can help offenders address the underlying issues that caused their behavior.

Temporary or permanent restraining orders

The court may also issue a temporary or permanent restraining order against the offender. They may be restricted from contacting the victim or going within a certain distance of their home or workplace.

Loss of firearms

If the offender is convicted of a domestic violence charge they will lose their right to own or possess firearms.

Habitual DV offender.

If an offender is convicted of three or more domestic violence charges they will be a “habitual DV offender”. It’s a felony with a mandatory prison sentence of one to three years. If you are a first time domestic violence charge in Colorado, call an attorney today.

ake action in the first domestic violence accusation to avoid long-term consequences later. An attorney can help you understand your rights and options and get the best possible result.

What if I never laid a hand on my partner and I was falsely accused?

It’s important to understand that physical violence is not the only kind of domestic abuse. Coercion, control, punishment, intimidation and retaliation against an intimate partner are examples of domestic violence. You can still get domestic violence charges even if you never hurt your complainant physically.

Further, false accusations of Domestic Violence in Colorado can have big consequences. Even if you never did any kind of violence a false accusation can get you arrested. And you can get criminal charges and a restraining order. You don’t have to go through the overwhelming complexity of the legal system, emotional and financial turmoil and suffering.

Here’s what to do if you find yourself in this situation:

• Call an attorney today – A experienced criminal defense attorney can help you understand your rights, build a strong defense and guide you through the process.
• Collect evidence – This can include witness statements, text messages, emails or any other documentation that proves your innocence.
• Watch what you say – Don’t make any statements that can be misinterpreted or used against you. Call an expert domestic violence attorney before you make a statement.
• Follow the restraining order – If a restraining order is issued you must comply with its terms even if you think it’s unfair.

How Can An Attorney Help Me If I Have Been Charged With Domestic Violence?

If you have a first-time domestic violence charge in Colorado call us today. An attorney can help you navigate the legal system and protect your rights.

Here’s how an attorney can get your domestic violence charges dropped:

1. Know Your Rights

An experienced attorney can explain your legal rights and the consequences of a domestic violence conviction. He will tell you what charges you are facing, what evidence the prosecution has, and what the penalties are.

2. Build a Strong Defense

Your attorney will gather evidence and build a strong case. He may interview witnesses, review the police report, and challenge the accuser’s credibility.

4. Negotiate a Plea

In many cases, a plea deal can be negotiated with the prosecution. With legal guidance, you can weigh the pros and cons of taking a plea.

5. Represent You in Court

If your case goes to trial your attorney will represent you in court and argue your case. They will present evidence, cross-examine witnesses, and try to convince the judge or jury of your innocence.

5. Minimize the Penalty

Even if you’re found guilty an attorney can help you minimize the penalty. He may help you get a lighter sentence, probation, or other alternatives.

6. Protect Your Future

A domestic violence conviction can have long-term consequences. You may have difficulty finding employment, housing, and exercising parental rights. Call an attorney today to protect your future by minimizing the impact of a conviction.

Domestic Violence in Colorado? Call Now!

Colorado prosecutors take domestic abuse cases very seriously. You need an attorney who will fight for you. If you have a first-time domestic violence charge in Colorado, call McDowell Law Firm today.

Our Colorado criminal defense attorneys can help you through this process. We will get you moving forward by focusing on your rights and obtaining the best result.

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