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Home Colorado Legal Blog Colorado Legal Blog Tips if Charged with Domestic Violence from Colorado Springs Lawyer

Tips if Charged with Domestic Violence from Colorado Springs Lawyer

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Colorado Legal Blog
Monday, 10 January 2011 12:12

tips_if_charged_with_domestic_violence_from_colorado_springs_lawyerNothing is more unnerving than being charged with domestic violence, especially if you are unfamiliar with Colorado law.  As a Colorado Springs lawyer who specializes in this type of crime, I find that most people know very little about what they are facing.  In order to be charged with domestic violence, which is actually not a “charge” in itself but rather a “sentence enhancer”, the DA must prove that an “act or threatened act of violence” upon a person with whom you are “intimately involved” has occurred. 

According to Colorado state law, an intimate relationship may be between spouses, an unmarried couple, former spouses, or two parents of the same child, whether you have lived in the same household or not.  In addition to your sentence, a domestic violence conviction can result in some serious consequences, including changes in child custody, the inability to own or possess a firearm, and at least 36 weeks of domestic violence treatment, and these are just for first-time offenders.  If a court can prove you are a habitual offender, what normally be a misdemeanor charge could turn into a felony conviction.

If you have been charged with domestic violence as part of a criminal act that has occurred, a Colorado Springs criminal domestic violence lawyer will explain the specific actions you should take. 

For example, if you have had prior convictions or bad acts, many district attorneys will try to use this against you.  While this information may be inadmissible as character or propensity evidence, it could be used to show motive or intent.   

Another tip if you are charged with domestic violence in Colorado is to remember that a defendant must admit that the alleged victim is or was his/her significant other.  It will be difficult for a prosecutor to convince the judge to determine the validity of a domestic violence sentence enhancer when he or she is unable to prove an intimate relationship. 

There are many more tips to follow if charged with domestic violence from a Colorado Springs lawyer.  Work with the team of experienced attorneys at Clawson & Clawson, LLP.  Contact them today for a free initial consultation.