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Domestic violence is a serious charge that carries far-reaching consequences for those who are convicted. If you are facing these accusations or charges, it is important to understand Denver domestic violence penalties and how they could impact your life. A family violence attorney from Petrash Law could help you better understand these consequences and what kind of defense you should build to combat them.
Under Colorado Rev Stat § 18-6-800.3 (2024), domestic violence is defined as an act or threatened act of violence against a person with whom the defendant has or has had an intimate relationship. An intimate relationship is further defined as one between
The law extends these threats and acts of violence to the intimate partner’s property and other people with whom the partner is close. For example, threatening to hurt someone’s pet as a way to coerce them or destroying someone’s car as a form of punishment could count as violence against a partner worthy of penalties in Denver.
Colorado law makes it clear that crimes with a family violence designation will include additional penalties under CO Rev Stat § 18-6-801 (2024). This means offenders are often charged with other crimes, and a domestic violence designation is added on when applicable. For example, assault carries its own set of penalties that will be imposed upon conviction. If that assault was found to also qualify as intimate partner violence, the additional penalties will be included.
This legislation mandates that anyone convicted undergo an evaluation and treatment plan through an approved program and a ban on owning or purchasing firearms, often permanently. If someone were to be convicted four times for domestic violence, it would also make them eligible for a habitual offender conviction.
Beyond the initial sentencing for a domestic violence charge in Denver—which can include substantial fines and prison time—convictions can carry long-lasting consequences. It can limit housing and employment options, especially in education, health care, and government fields. The conviction is likely to also be taken into account for any future custody or family court disputes because state law severely limits the expungement or sealing of domestic violence convictions. Once a conviction has taken place, it is likely to follow the defendant for a long time.
As a Denver lawyer prepares for a domestic violence case, there are multiple defense strategies they might consider to help clients avoid penalties. A conviction requires guilt beyond a reasonable doubt, and it is the prosecution’s responsibility to provide that evidence. Many DV cases rest on individual testimony alone, with little physical evidence. In these cases, the defense strategy may highlight inconsistencies and unreliable testimony.
Often, domestic violence charges stem from a larger and more complex dispute between two individuals. If the claims are part of a coercive or manipulative act on the part of the accuser, the defendant may present counterevidence to demonstrate a more complete narrative of events, including:
If the act was committed in self-defense or in defense of others, such as children, a lawyer could use evidence of prior incidents and details of the incident to put forward that defense.
Domestic violence is a serious charge that can permanently impact your life. If you are facing these accusations, you do not have to do it alone. Call today to discuss Denver domestic violence penalties with Petrash Law and learn how you can put up a strong defense for your case.