7 Defenses To Your Colorado Domestic Violence Case: Rally Armor 13+ Ford Focus St Black Mud Flap W/ Red Logo

When retained, defendants can expect nothing less than superior representation in matters where their future, and freedom, are jeopardized by charges of domestic violence in Colorado. This is absolutely true if they are telling the truth. Call 720-220-2277 (24/7). The evidence presented in the case must remove all reasonable doubt from the jury's mind, and they must reach a unanimous decision.

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Many people who have been falsely accused of a crime believe that the truth will come out in court, but that isn't always the case. A first offense is generally charged as a misdemeanor so long as there are no aggravating circumstances. Any domestic violence conviction will prevent you from owning or possessing firearms, effectively taking away your Second Amendment rights. The punishments for domestic violence can range from probation to extended imprisonment, along with an unneeded blemish on one's criminal record. A domestic violence offender is ineligible for home detention in the home of the victim. Do not delete anything and think about what other information may be saved somewhere to aid your defense. 24/7 Misdemeanor Domestic Violence in CO | Peakstone Law Group. Your lawyer can help you decide what is needed. Your attorney will work with you carefully to understand the exact circumstances that led to the incident in question and clearly isolate the ways in which you were attacked, provoked, and threatened, leaving you with no other option but to use self-defense. A sexual relationship is not required for a court to determine there is an intimate relationship. As a defendant, you are presumed innocent until and unless the prosecution has met its burden. In this case, the suspect could face up to one year in jail, a fine up to $5, 000, or a combination of both jail time and a fine. You might also be prohibited from making contact with the victim in the future. Colorado Springs domestic violence lawyer Peakstone Law Group takes pride in providing experienced, aggressive, and responsive legal representation in cases throughout El Paso County and much of the surrounding area.

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Unfortunately, the challenge of determining probable cause on the spot often forces law enforcement officers to make an arrest even if no crime occurred. Who speaks for them? Your request has a better chance of being accepted if you haven't violated the protection order or been convicted of any other crimes. Their guidance and support provide you with the best chance at successfully navigating this difficult situation and ensure that you end up with the best outcome possible. Elder Abuse – Neglect, financial fraud, or physical or emotional abuse to a person over 70 years old. If your charge sticks, you will no longer be permitted to own, buy, or possess a weapon. The statutes set forth the legislative intent for requiring an offender to pay restitution as part of the sentence as well as the types of losses that are included in "restitution. " After you are charged, the victim cannot drop the complaint, but your domestic violence lawyer might be able to negotiate a lesser charge for the offense. Is Domestic Violence a Felony in Colorado? | Criminal Defense Lawyer Parker, CO. Comply with the terms of the protection order in effect during the period of probation. If you face subsequent domestic violence charges, prosecutors will use your prior misdemeanor domestic violence convictions as a basis for charging you with a class 5 felony. A jury can be persuaded with a simple and truthful argument.

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The sexual assault occurred to the victim. Domestic violence ("DV") charges are among one of the most serious offenses you can face in the judicial system. I Didn't Do It, and I'm Not Guilty. You absolutely must take any domestic violence charge seriously and work with an experienced Colorado domestic violence defense attorney. The decision you make about entering a plea is crucial to the future of your case. First time offender domestic violence charge colorado springs. Further, most prosecutors believe they are barred from dismissing DV cases if there is even a minimal amount of evidence that a domestic violence incident occurred. Under Colorado Law, charges for domestic violence come from prosecutors, not from the alleged victim.

While there are many kinds of domestic violence cases, most fit into one of five categories. However, if the judge decides against sending the defendant to jail, he or she will typically place him or her on probation. If you dated three years ago and a crime is alleged today, domestic violence charges can be added to the case simply because of this past relationship. The PSIR will have a victim impact statement which may be of particular use by the Court for domestic violence cases. In that case, domestic violence can be added to a charge of theft simply because you are in a relationship, even if no actual violence actually occurred. To prosecute, prosecutors must first prove that you intended to commit a crime. Considerations the Court applies when determining an appropriate sentence: The length of the relationship; The lethality factors involved in the relationship; The offender's access to weapons; The alleged vulnerability of the victim; The number of children as well as the age and vulnerability of the children; and substance abuse issues. How does a misdemeanor affect my record? In Colorado, it is not up to the victim to press charges. So while I do not intend to give you legal advice in this article, I can describe what I do in many first offense DV cases: - Don't take the deal offered to you at your first appearance. Comply with existing court orders for proceedings determining paternity, custody, allocation of decision-making responsibility, parenting time, or support. Colorado Criminal Domestic Violence Sentencing Procedures and Law - What Happens In A Colorado Domestic Violence Sentencing Hearing - Denver Criminal Attorney Specializing in Domestic Violence Cases - Colorado Criminal Defense Lawyer. A defendant can waive his right to this jury finding and the court can make the determination or a defendant can stipulate to the existence of the fact. I did it, but the victim will not cooperate or testify in court.

If no injury occurred, then the defendant may receive either a deferred judgment or a diversion program.

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