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In Colorado, domestic violence (DV) is not its own separate crime. Instead, it is a sentencing enhancement that attaches to an underlying crime if the two people involved were in an intimate relationship. For example, harassment (CRS 18-9-111) is usually a class 2 misdemeanor in Colorado. If the harasser and victim were ever married or …
Colorado Revised Statute 18-6-800.3 CRS defines “domestic violence” as: “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a …
California domestic violence laws make it a crime to harm or threaten to harm, an intimate partner. If a domestic violence (“DV”) charge gets filed under these laws, a defendant can attempt one, or all, of the following to try and get it dropped: gain the support of the prosecutor, request a copy of the …
Contrary to popular belief, the prosecutor, not the victim, determines whether to file or drop California domestic violence charges. Many California prosecuting agencies go so far as to subscribe to a “no drop” policy. This means that even if the victim doesn’t want to “press charges,” the prosecutor will not drop the case. 1. What …
Domestic violence counseling and treatment is a standard condition of probation following Colorado criminal convictions involving domestic violence (DV). Defendants who fail to complete their DV treatment – which usually spans 36 weeks – risk having their probation revoked. This means the court can order the defendant to serve out the jail or prison sentence …
There are at least five situations where domestic violence is a felony in California. Felony charges under Penal Code 273.5 could be filed if a person: inflicts corporal injury resulting in a traumatic condition upon an intimate partner, commits DV and has certain prior battery convictions within 7 years, commits DV and has a prior domestic …
The legal definition of domestic battery is (1) any willful and unlawful touching, (2) that is harmful or offensive and (3) is committed against an intimate partner. Examples of this kind of domestic violence include: Lisa pushes her boyfriend during a fight. Marcos, feeling frustrated with his ex-wife, grabs her shirt and rips it. Candice is …
Know that there are several legal defenses that an accused can raise to beat, or reduce, a charge of domestic violence. Some of these include: the alleged victim’s injury was the result of an accident, the alleged victim’s injuries did not result from the defendant’s actions, the defendant was acting in self-defense or in defense …
Domestic violence can be a crime of moral turpitude. In many states, this is the case if the alleged victim is a spouse. If it is a crime of moral turpitude, the collateral consequences of the conviction will be worse. It can prevent someone from getting a professional certification or license. Those who have a …
If you’ve been arrested and charged with “battery domestic violence” (BDV) in Washoe County, Nevada, you could be facing severe penalties in addition to dramatic upheaval in your family and professional life. That’s why it is so crucial in the hours and days after your arrest to think as clearly and rationally as possible and to take …
In specific circumstances, you can avoid criminal liability for carrying a concealed weapon in California without a permit by showing that you are in grave danger from another person. California’s concealed carry law, Penal Code 25400 PC, makes it a crime for most people to carry a concealed firearm on their person or in their vehicle, …
Domestic violence charges carry a serious stigma on a criminal record. If you are charged with a common domestic abuse offense such as Penal Code 243(e)(1) PC domestic battery or Penal Code 273.5 PC corporal injury on a spouse, you and your attorney may want to consider trying to negotiate a plea bargain to another offense–one that will be less …
If you’ve been arrested and charged with domestic violence in San Bernardino County, you may be scared, in shock, or physically hurt. During such times, it’s important to try to think clearly and take some steps that can go a long way towards protecting yourself, your rights, and your future. The San Bernardino District Attorney’s …