Is Domestic Violence a Felony in Colorado?

Being accused of injuring someone in your home—especially in a romantic or family relationship—can be a life-altering experience. You may face arrest, criminal charges, restraining orders, and even loss of child custody, housing, or employment. Whether this is your first accusation or you have prior charges, the legal consequences of domestic violence can be extremely serious.

If you’re wondering whether domestic violence is a felony, what charges you might face, and what your rights are, this guide will walk you through Colorado’s domestic violence laws. You’ll learn how charges are classified, what penalties you may face, and how a skilled domestic violence defense attorney can help protect your future.

What Is Felony Domestic Violence in Colorado?

In Colorado, domestic violence is not a separate crime, but rather a legal designation added to other criminal offenses when the alleged act is committed against someone with whom the accused has an intimate relationship (C.R.S. § 18-6-800.3). That can include current or former spouses, dating partners, co-parents, or cohabitants.

Crimes such as assault, stalking, false imprisonment, harassment, or sexual assault may be charged with a domestic violence designation. This enhancement increases penalties, mandates treatment, and may affect firearm rights.

Colorado law classifies felonies into six levels, with Class 1 being the most serious and Class 6 the least. Domestic violence charges may fall into any of these categories based on the underlying offense, and prior convictions can elevate otherwise lower-level crimes.

Examples of Felony Domestic Violence Charges

Here are some common felony charges that may be enhanced with a domestic violence designation:

1. Aggravated Assault: Assault that results in serious bodily injury or involves a deadly weapon may be charged as first- or second-degree assault (Class 3 or 4 felony). When committed against a spouse or partner, the DV label increases the severity and sentencing requirements.
2. Sexual Assault: Non-consensual sex acts may be charged as a felony. When the victim is a current or former intimate partner, this offense carries enhanced penalties and typically requires sex offender registration and mandatory prison time.
3. Stalking (C.R.S. § 18-3-602): Repeated, unwanted following or contact that causes fear can be charged as a Class 5 felony, or Class 4 if there’s a restraining order in place. Stalking in the context of domestic violence is treated with great seriousness by prosecutors.
4. False Imprisonment (C.R.S. § 18-3-303): Typically a Class 2 misdemeanor, but can be elevated to a Class 5 felony if the victim is confined for over 12 hours or threatened with force. Domestic violence context may increase the likelihood of felony charges.
5. Violation of a Protection Order (C.R.S. § 18-6-803.5): A first-time violation is generally a Class 2 misdemeanor, but if the offender has prior DV convictions or the violation includes violence, it may be charged as a Class 5 felony.

Is Domestic Violence a Felony or Misdemeanor in Colorado

The key differences between misdemeanor and felony DV charges depend on:

1. Severity of the Offense
   • Misdemeanors involve minor injury, harassment, or threats.
   • Felonies involve serious bodily injury, use of weapons, or sexual misconduct.
2. Criminal History
   • First-time offenders may face misdemeanor charges.
   • Repeat offenders may face felony charges under habitual offender provisions.
3. Mandatory Enhancements
   If someone has three or more prior DV convictions, any new DV-related offense can be charged as a Class 5 felony under the Habitual Domestic Violence Offender statute (C.R.S. § 18-6-801(7))—even if the underlying charge is a misdemeanor.

Is Domestic Violence a Felony: Penalties and Sentencing

Felony DV convictions carry severe, life-altering penalties, including:

1. Incarceration: Depending on the felony class, sentences will vary. Repeat offenders or crimes involving weapons, children, or extreme violence receive longer terms.
2. Fines: Fines can range from $1,000 to $750,000, depending on the felony level. Courts may also impose restitution to compensate the victim.
3. Mandatory Domestic Violence Treatment: Colorado mandates a specialized treatment program through the Domestic Violence Offender Management Board (DVOMB), which must be completed as a condition of probation or parole (C.R.S. § 16-11.8-103).
4. Restraining and Protection Orders: A mandatory protection order is entered at arraignment under C.R.S. § 18-1-1001, prohibiting contact with the victim. These orders often remain in effect during the case and can extend for years afterward.
5. Loss of Firearm Rights: Federal and Colorado law (C.R.S. § 18-12-108) permanently bar individuals convicted of a felony or any domestic violence misdemeanor from owning or possessing firearms. This prohibition has serious implications for military personnel, hunters, and security professionals.
6. Collateral Consequences: A felony conviction can impact child custody, immigration status, housing eligibility, and future employment—especially jobs requiring background checks or professional licenses.

Habitual Domestic Violence Offender Enhancements

Under C.R.S. § 18-6-801(7), a person convicted of three or more prior offenses involving domestic violence may be labeled a Habitual Domestic Violence Offender. This enhancement allows prosecutors to charge a fourth domestic violence offense as a Class 5 felony, regardless of whether the underlying crime would normally be a misdemeanor.

Penalties for a Class 5 felony include:

• 1 to 3 years in prison
• 2 years of mandatory parole
• $1,000 to $100,000 in fines

This provision is designed to deter repeat offenders and protect victims from escalating patterns of abuse. Courts take habitual DV designations seriously and often impose longer sentences accordingly.

Record Sealing and Expungement for Domestic Violence Offenses

Colorado does not allow expungement of adult criminal convictions (except for certain juvenile cases). However, you may be eligible to seal your criminal record under specific circumstances.

1. Felony domestic violence convictions are not sealable, even after many years.
2. Misdemeanor DV convictions generally cannot be sealed.
3. If your case resulted in dismissal, acquittal, or successful completion of a deferred judgment, you may petition the court to seal your record under C.R.S. § 24-72-705.
4. Record sealing is not automatic and requires the filing of a motion, proper documentation, and potentially a court hearing.

Because of these complexities, consult with a criminal defense lawyer to assess your eligibility and guide you through the process.

Mandatory Arrest & No-Drop Policies in Colorado

Colorado is a mandatory arrest state when domestic violence is reported. Under C.R.S. § 18-6-803.6, law enforcement officers must arrest a suspect if they have probable cause to believe an act of domestic violence occurred. This is true even if the victim does not want to press charges.

In addition, courts automatically issue a mandatory protection order after any arrest for domestic violence (C.R.S. § 18-1-1001). The order may require the accused to:

• Vacate the shared residence
• Avoid all contact with the victim
• Surrender firearms

Violating this order is a separate criminal offense and may lead to additional jail time.

Why You Need a Domestic Violence Attorney?

Domestic violence allegations—especially felonies—can result in prison time, financial loss, and a lifelong criminal record. If you’re facing charges, don’t wait. Here’s how a skilled defense attorney can help:

1. Protect Your Rights: From arraignment to trial, your attorney ensures fair treatment and safeguards your constitutional rights, including protection against self-incrimination or unlawful searches.
2. Build a Strong Defense: Whether you were falsely accused, acted in self-defense, or misunderstood the situation, your lawyer can challenge evidence, cross-examine witnesses, and present mitigating facts.
3. Negotiate Alternatives: In some cases, your attorney may secure a plea bargain for reduced charges, probation, or diversion programs—keeping a felony conviction off your record.
4. Advise on Sealing and Compliance: Your lawyer helps you understand court orders, stay compliant, and take steps toward future sealing or expungement where legally allowed.

Contact McDowell Law Firm for Domestic Violence Defense in Colorado

At McDowell Law Firm, we understand the high stakes of domestic violence charges—especially when felony accusations threaten your freedom, your family, and your future. Whether you’re a first-time defendant or facing charges as a habitual offender, we provide compassionate, strategic defense tailored to your case.

We know Colorado’s domestic violence laws inside and out. We’ll work to protect your rights, challenge the allegations, and build a strong path forward.

Call McDowell Law Firm today to schedule a confidential consultation and take the first step toward your defense.

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