Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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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 dating, then the harasser would still face the same class 2 misdemeanor penalties of up to 120 days in jail and/or up to $750 in fines. But in addition, the judge may also order a DV evaluation and treatment as well as a protection order.1
However, a fourth-time conviction involving DV triggers a separate habitual domestic violence charge. This is its own class 5 felony, carrying:
An intimate relationship applies to people who are – or were – in a romantic relationship. Examples include:
An intimate relationship does not include just close friendships, colleagues, or roommates.3
Ten Colorado crimes that are commonly charged with the domestic violence enhancement are:
Note that people can face a domestic violence enhancement for property crimes as well as violent crimes. For instance, setting fire to an ex-boyfriend’s car would be domestic violence arson. Or beating an ex-wife’s dog would be domestic violence animal cruelty (CRS 18-9-202).4
Prosecutors do not drop DV charges just because a victim recants.
If an alleged domestic violence victim takes back their story, the prosecutors will still press charges. This is because prosecutors assume victims are recanting only because:
However, prosecutors may eventually elect to drop charges if they lack sufficient evidence – such as surveillance video or eyewitness testimony – to prove that domestic violence occurred.
Unless the case was in municipal court, DV-related convictions are unsealable in Colorado. They remain on the defendant’s criminal record forever.
Note that if the DV-related case gets dismissed, then the defendant can pursue a record seal immediately – no matter what Colorado court it occurred in.5
Learn about how to get a Colorado criminal record seal.
Accused of violating Colorado domestic violence laws? Our Denver criminal defense attorneys invite you to contact our law firm. We also have law offices in Colorado Springs, Greeley, and Loveland.
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.