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Convicted of Domestic Violence in Colorado? You Will Need a Lawyer

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Tuesday, 06 October 2009 11:17

Did you know that Colorado has some of the strictest Domestic Violence laws in the country?  That’s why it is critical to immediately retain the services of an experienced Colorado Springs defense lawyer if you face domestic violence charges.

Unlike other types of crime in Colorado, the police have unique powers to search your home or place of business for evidence.  In addition, emergency calls can be made by any party who is aware of the crime, including your neighbors.  The state also has several laws in place that protect the innocent. 

If you have been charged in Colorado with a domestic violence offense, you may already know that the police are required to make an arrest within four hours of the report, whenever a complaint is made. Colorado law also precludes the accused from obtaining bail until a hearing takes place before a magistrate.  This means if you are accused of this type of crime, you may be held in prison over the weekend. 

Even after being released, a Civil Protection Order will be in place, preventing you from going within a specified distance from the victim or making contact with them of any kind.  You will also need to surrender any weapons you own.

What is considered Domestic Violence in Colorado?

If one partner in a current or past intimate relationship carries out (or threatens to carry out) an act of violence against the other, the law classifies it as Domestic Violence.  This includes both married and unmarried partners, and/or two parents of the same child.  However, in Colorado, any violent act against a partner’s property or pet is also considered Domestic Violence if it is considered to be a threat or means of coercion against the victim.

Penalties for Domestic Violence Charges in Colorado

Most Colorado domestic violence defense attorneys will tell you that it makes sense to plead “not guilty”, with the assistance of your lawyer.  Any admission of guilt or a “guilty” plea will result in your name being place on a registry, which means that, barring extraordinary measures to remove it, the charge will show up on any background checks done on you for the rest of your life.

Any complaint for domestic violence will result in charges, which will be either felonies or misdemeanors. In cases where the victim is seriously injured or killed, the perpetrator will be charged with a felony. Cases where the victim sustains minor injuries or is uninjured will result in a misdemeanor charge.  The severity of the penalty will be determined by the whether the perpetrator has had previous arrests or convictions and the brutality of the crime in question.  However, sometimes misdemeanor crimes are prosecuted as felonies when the perpetrator has had a history of domestic abuse.  Either way, the penalty is likely to include jail time, and sometimes will result in fines, probation and/or a court-ordered treatment program. 

In addition to other penalties, a felony conviction will result in the perpetrator losing his or her right to possess a firearm.  Some professionals, such as doctors, nurses and day-care providers, may also have their licenses revoked.

Domestic violence is a very serious crime no matter where you live, but it is especially serious in the state of Colorado.  If you are facing domestic violence charges, consult with a Colorado Springs criminal defense attorney immediately.



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Matthew Clawson

Matthew Clawson is an attorney in Colorado Springs, CO and a partner with the Clawson & Clawson Law Firm, LLP .  Matthew believes the most effective and cost-efficient legal services are provided by attorneys who maintain their integrity and communicate honestly with clients.

http://www.clawsonlawfirm.com