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If you have been accused of an assault involving your roommate, you may be facing a legal framework that prioritizes an immediate arrest over a thorough investigation. When an argument with your roommate escalates into a legal crisis, you need a credible domestic violence defense attorney willing to fight for your constitutional rights.
Something as minor as grabbing a phone out of your roommate’s hand or blocking a doorway may lead to domestic violence charges. A Boulder roommate violence lawyer at Petrash Law could work to defend your rights and help you mitigate the consequences of a conviction that could upend your life.
An altercation between roommates might seem like a small issue, but the interaction of state and local laws may lead to a serious outcome. Under Colorado Revised Statutes §13-14-101(2), a platonic roommate can file for a civil domestic abuse protection order after a dispute. For criminal purposes, while domestic violence under C.R.S. § 18-6-800.3 focuses on intimate relationships, law enforcement and courts may apply similar standards to violent disputes between those who live together.
Under C.R.S. § 18-6-803.6, police may interpret the closeness of the relationship as requiring them to make an arrest. When this occurs, the system moves rapidly, barring you from your home and belongings. Even if your roommate regrets calling the police, they cannot withdraw the charges under C.R.S. § 24-4.1-302.5. Only the district attorney has the authority to decide how to proceed with your case.
A conviction with a domestic violence enhancement can end your career, result in jail time, and prevent you from ever owning a firearm. Under C.R.S. § 18-6-801, you will also have to undergo several months of mandatory domestic violence evaluation and treatment programs that cost thousands of dollars. A Boulder attorney with extensive constitutional knowledge could defend you against allegations of aggressive conduct toward a housemate and work to protect your rights.
Criminal defense lawyer Mike Petrash could provide effective representation in court, especially if your case proceeds to trial. In addition to negotiating for reduced sentencing, he could challenge the intimate relationship label, contesting the prosecution’s attempt to present a platonic roommate situation as domestic violence. He could work to remove this enhancement, protecting you from the harshest penalties, or petition the court to modify a protection order, allowing you to return home or permitting incidental contact to maintain your routine during the case.
He could also investigate the circumstances prior to a roommate dispute. These often arise from underlying motives, such as one party trying to break a lease or gain leverage in a civil dispute. As a dedicated lawyer, he could reveal facts that may discredit your Boulder roommate’s allegations of physical force and help you obtain a more favorable outcome for your situation.
What begins as a simple disagreement can escalate into police involvement and an arrest. A conflict with a roommate should not define the rest of your life, and it is not too late to protect your rights. Having the right legal representation could safeguard your future, including your right to privacy, property ownership, and a career. A Boulder roommate violence lawyer could develop a tailored defense strategy to help you regain control. Call Petrash Law today to schedule a free, confidential consultation.