What Happens When You Get Charged with Domestic Violence in CO?

What Happens When You Get Charged with Domestic Violence in CO? Upon being charged with domestic violence in Colorado, severe consequences can ensue. Legal penalties range from probation to incarceration, with potential firearm restrictions and restraining orders. Convictions result in lasting criminal records, affecting employment prospects and personal freedoms. Defense strategies may involve challenging allegations, demonstrating lack of evidence, or proving self-defense. Seeking immediate legal representation is essential to navigate the legal process and mitigate the impact of charges.

Seeking representation from a highly skilled and knowledgeable attorney is necessary if you get charged with domestic violence in Colorado. Domestic violence allegations could ruin your life even if you did nothing wrong. Additionally, domestic violence charges carry strict penalties and can have long-lasting consequences.

Having the right defense team fighting for you is the best way to fight a domestic violence charge in Colorado. Selecting the best lawyer for you is possibly the most important decision you will make throughout your case. At Gerash Steiner Blanton, P.C., we have decades of trial experience fighting to protect the rights of people facing criminal charges. And we can be the best weapon in your defense arsenal. Contact us today for a free consultation.

What Is Domestic Violence in Colorado?

Domestic violence is not an independent, stand-alone crime. Instead, domestic violence is a sentencing enhancement that applies when certain crimes—like battery—occur between people who are in an intimate or familial relationship with one another. Colorado law defines domestic violence as any act or threatened act of violence made upon a person in an intimate relationship with the alleged perpetrator. The definition of domestic violence in Colorado is broad and includes former and current intimate relationships. The law also includes crimes against a person or property (including animals) when used to coerce, intimidate, control, punish, or exact revenge against someone you’re in an intimate relationship with. 

Define Intimate Relationship

Intimate relationship has a precise meaning in Colorado law. The phrase “intimate relationship” refers to relationships between spouses, former spouses, past or present unmarried romantic partners, or people who have a child together, even if they were never married or never lived together. 

Common Charges Underlying Domestic Violence Enhancements

Most criminal offenses against a person or property could fall under the domestic violence definition. The domestic violence enhancement typically gets added to the following base charges:

• Battery,
• Corporal injury to a spouse,
• Criminal threats,
• Child endangerment or abuse, and
• Elder abuse.

Destruction of property, theft, and other property crimes could also fall under the rubric of domestic violence. Some of these charges are misdemeanors when they stand alone. But the punishments can intensify when domestic violence is attached, and any criminal conviction can harm your future. Having an experienced domestic violence lawyer from Gerash Steiner Blanton, P.C. can minimize the fallout from such charges.

 
 
 
 
 
 
 
  
 
 
  
Dan and Dianne were extremely helpful throughout the whole process, as a 22year old who had never dealt with anything in the legal realm, they were super patient and knowledgeable.  I would definitely recommend them.
  
 
 
 
  
 
 
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2022-12-12
 
 
 
  
 
 
  
I had a pleasant experience with Dan Gerash, Dianne, and the rest of the team at Gerash Steiner Blanton. Dan was attentive, responsive, friendly, clearly fought for me, and was very honest with realistic expectations but also was strong in his conviction to defend me. They walked me through each step of the way and was always there to speak with in case I had a question or a concern. I would recommend him and team, do not hesitate to call them if you need their services!
  
 
 
 
  
 
 
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2022-10-11
 
 
 
  
 
 
  
One of the best experiences I could have had during one of the toughest times of my life. In 2019 I had received a DUI and without the help of Dan Gerash, i don't believe i would have gotten through it. From start to finish he was professional, friendly, and the communication was top notch. Any questions i had Dan and his assistant Dianne were there with an answer. If they didn't have the answer right away they always knew who to contact and got back to me in a timely manner. Even after my sentencing, Dan was there to assist me with DMV/license questions. I found myself asking Dan and Dianne more questions then I would ask my Probation Officer. They just were so easy to communicate with. Two years after my sentencing when i had my final court appearance to come off probation, Dan was right there to assist me. He goes the extra mile for his clients. I high recommend him for any legal troubles you may have.
  
 
 
 
  
 
 
 Kurt Pedersen 
 
2022-08-25
 
 
 
  
 
 
  
My attorney was Dan Gerash and he was awesome to work with. His team explained everything to me long the way and I felt at ease during the process. My case was out of state and he fought for me in such a way that I could continue life, from home, uninterrupted through till the end of the case. Highly recommended
  
 
 
 
  
 
 
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2022-08-18
 
 
 
  
 
 
  
Dan was amazing  He’s understanding and caring would definitely recommend.
  
 
 
 
  
 
 
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2022-08-14
 
 
 
  
 
 
  
Excellent team, knowledgeable and dedicated. I definitely would recommend them. Dan is open, honest and was readily available.
  
 
 
 
  
 
 
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2022-08-05
 
 
 
  
 
 
  
Dan worked with the DA and my life is back on track again. What was just a stupid mistake could've really been devastating but he worked hard for me and I'm grateful for the new opportunity I have.
  
 
 
 
  
 
 
 Brian LaRose 
 
2022-04-06
 
 
 
  
 
 
  
Dan is an excellent attorney. He helped us navigate a complex legal system with compassion and integrity.  I highly recommend him and his team.
  
 
 
 
  
 
 
 Deanna Hunt 
 
2022-04-05
 
 
 
  
 
 
  
Dan and Dianne were great. My case was in Summit County, Colorado and I live in Houston, TX. They took care of everything and kept me up to date constantly. I could reach them at anytime and both were always available to take my phone calls. I’m glad they were able to take care of everything without me having to fly out there.
  
 
 
 
  
 
 
 M. J. 
 
2021-05-25
 
 
 
  
 
 
  
Amazing representation from an outstanding law firm. Dan took the time to get to know me on a personal level and was able to help me obtain a fair deal in settling my case. Dianne is his administration representative and keeps everything in proper order and works with you every step of the process. Made a bad situation as bearable as it could be. Very thankful I found Gerash Steiner.

Craig Neal
  
 
 
 
  
 
 
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2021-05-18
 
 
 
  
 
 
 
 
   
 
 

What Sentence Could You Face if You Are Charged with Domestic Violence in Colorado?

Colorado’s domestic violence sentencing law indicates that the sentence that the court could impose is the same as the underlying charge. 

Evaluation and Treatment

If convicted and not sentenced to jail or prison, the domestic violence sentencing law requires the judge to order you to complete an evaluation and treatment plan for domestic abuse. But the judge does not have to wait until sentencing to order you to get treatment. The law allows the judge to order an abuse evaluation and treatment program if it helps fashion an appropriate sentence. 

Probation

In many cases, probation is the best and most appropriate sentencing option. However, the judge must first determine if putting you on probation would endanger the alleged victim and any involved children. If so, probation would not be appropriate. 

Deferred Judgment and Reduced Charges

Colorado law also allows you to enter a deferred judgment plea for a domestic violence charge.

However, a prosecutor can only agree to reduce your charges if they are unable to prove the existence of the required intimate relationship.

Prior Convictions

Prior convictions for domestic violence charges can hurt you and increase your sentence. Misdemeanor offenses become Class 5 felony charges if you have three prior convictions for domestic violence. As a result, you spend between one and three years in state prison unless your criminal record or the facts of the case permit increasing the prison time you could serve. 

Additional Consequences of Domestic Violence Charges

There are additional consequences that could affect your rights. If you are convicted of domestic violence, you are not allowed to buy firearms or ammunition, and you must surrender any currently in your possession. Also, the judge could issue a restraining order mandating that you have no contact with the people named in the order—even if they’re your children. Finally, domestic violence charges remain on your permanent criminal record unless the judge allows you to enter into a deferred judgment.

What Defenses Do You Have for a Domestic Violence Case in Colorado?

Unfortunately, people often face domestic violence charges based on lies or exaggerations. People in close relationships have been known to use Colorado’s strict domestic violence laws to get revenge or to gain the upper hand in divorce or custody disputes. 

Law enforcement’s hands are tied when someone close to you is willing to lie. The police must arrest you if they have probable cause to believe you committed domestic violence. For example, if your spouse called the police and claimed that you pushed her into a wall, the police have probable cause to believe a crime occurred. They must arrest you at that point, even if there is no evidence to corroborate your spouse’s story. 

The police cannot sort the situation out to determine who is telling the truth because if they are wrong, someone could get hurt. In the moment and at the scene, they must protect the alleged victim, even if they suspect the victim is lying. That’s why we have trials. At trial, your attorney can challenge the validity of your spouse’s story and hopefully punch enough holes in it that the jury will see through the lies.

And even if you did touch your spouse in an unwanted way, depending on the circumstances, we could have other defenses. For instance, if your spouse was the initial aggressor and you were just defending yourself—you likely have a valid defense.

Often, people who call the police to report domestic violence crimes regret doing so afterward. People often recant their police statements and ask the prosecutor to drop the charges. But you should know that the prosecutor does not have to drop the charges just because the alleged victim does not want to go forward. More likely, the prosecutor will try to work around an uncooperative victim by looking for other evidence. But we can use this information to help you beat domestic violence charges. 

Your Defense Team

Call Gerash Steiner Blanton, P.C., or contact us online to schedule a free consultation with one of our award-winning attorneys. We maintain the highest standards of professionalism to help you overcome your unique challenges. We are always ready to fight to protect your rights and freedom, and our impressive track record of results proves our commitment to you.