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Domestic Violence Penalties Colorado Law

Domestic Violence Penalties Colorado Law

Domestic Violence laws in Colorado have created their own industry in the judicial system.  The typical county court finds itself inundated with three major area of criminal law; 1) Domestic Violence, 2) Driving Under the Influence (DUI/DWAI) and 3) Thefts such as shoplifting.  While the overwhelming majority of domestic violence cases are filed as misdemeanors, serious injury or substantial property damage resulting from an incident may be filed as a felony. Colorado law has a distinct set of consequences and penalties for domestic violence cases and convictions.

Domestic violence is not a separate crime by itself.  Rather, it is a label placed on already existing crimes to describe the relationship between the alleged perpetrator and the victim.  The definition for domestic violence is found at C.R.S. § 18-6-800.3:  “Domestic Violence” means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.”  The definition also includes violations against the person or property.  The label “domestic violence” brings an entire host of additional ramifications and penalties to the existing penalties. Call us for a free fact sheet containing a thorough discussion of the various penalties and consequences of being charged with domestic violence.

Typical offenses that can have the Domestic Violence label attached are:

  • Third Degree Assault: Class 1 Misdemeanor 6-24 months in jail
  • Harassment:  Class 1 Misdemeanor 6-24 months in jail or Class 3 up to 6 months jail
  • Menacing:  Class 3 Misdemeanor up to 6 months jail
  • Criminal Mischief:  Class 1 Misdemeanor 6-24 months in jail or Class 2 up to 12 months jail

Title 18 of the Colorado Revised Statutes contains the majority of criminal offenses under Colorado State law.  Article 6 of Title 18 contains offenses and definitions for offenses involving family relations.  For the purposes of sentencing and potential penalties C.R.S. § 18-6-801 contains the specific sentencing requirements for an offense that has been labeled as domestic violence.  The law prohibits the prosecution from removing the domestic violence label from an offense when there is a factual basis that includes an act of domestic violence.  Penalties or sentencing requirements include:

  • Domestic violence evaluation
  • Domestic violence treatment (typically 36 weeks)
  • Mandatory protection order
  • Loss of the right to possess a firearm (Federal Law)

Call us for a free fact sheet containing a thorough discussion of the various penalties, consequences and adverse effects of a Domestic Violence conviction.

If you have been charged with domestic violence you should obtain a competent criminal defense attorney.  The attorneys at Graf & Associates, P.C. have thirty years of experience with domestic violence offenses.  We can help you!