Is domestic violence a felony or a misdemeanor in Colorado?

Domestic violence (DV) is not an independent crime in Colorado. Instead, DV “enhances” the punishment of any underlying felony or misdemeanor offense committed between past or present spouses or significant others.

For example, a plain assault occurs when you physically harm someone. Though it becomes domestic violence assault if you and the victim were in an “intimate” relationship.

“Intimate” partners include people with whom you were or are in a dating or marital relationship, as the following bubble graph shows:

Keep reading to learn more about DV crimes, penalties, and defenses in California.

Common Domestic Violence Crimes

Five of the most common crimes that I see get charged with a “DV enhancement” include:

1. Assault – intentionally causing physical injury to someone;
2. False imprisonment – detaining someone unlawfully;
3. Child abuse – harming a child;
4. Unlawful sexual contact – unwanted sexual groping; and
5. Menacing – placing someone in fear of being assaulted.

All five of these offenses can be misdemeanors or felonies in Colorado depending on whether you have prior convictions, caused serious injury, or used a deadly weapon.

Another DV crime I routinely see is stalking, though this is always a felony. Stalking is when you make a credible threat and repeatedly follow or contact the victim.

Harassment, which is always a misdemeanor (or a petty offense), is also a typical DV crime. This is defined as annoying someone through repeated contact or taunting.

Consequences of a DV Charge

Firstly, Colorado police officers are required to arrest you if they have probable cause to suspect you committed domestic violence whether as a misdemeanor or a felony. This is because Colorado is a “mandatory arrest” state: It makes no difference if the alleged victims:

• deny they were abused or
• recant their domestic abuse allegations.¹

Secondly, a DV-related charge triggers a protection order requiring you to avoid the victim as well as abstain from alcohol and surrender your guns.²  (Violating a protective order is its own misdemeanor crime typically carrying up to $1,000 and/or 364 days in jail.)³

Then if you get convicted of the underlying criminal charge, the judge may extend the restraining order and require that you complete a domestic violence treatment program.

Penalties for Underlying Charges

The above DV consequences are all in addition to the penalties for the underlying crime (such as assault, stalking, etc.). These punishments typically include:

• fines,
• jail or prison time,
• restitution,
• counseling/treatment, and/or
• community service.⁴

Felonies carry a minimum of one year in prison (though many felonies are probationable). Meanwhile, misdemeanors have no mandatory minimum jail term at all.⁵

With regard to gun rights, felony domestic violence convictions always result in a firearms ban. As for misdemeanor domestic violence convictions, you lose your gun rights only if the crime involved force (or threats of force) such as assault.⁶

Habitual Domestic Violence Offenders

If you pick up your fourth conviction involving domestic violence, you face an additional criminal charge of being a habitual domestic violence offender. This is a class 5 felony, carrying:

• 1 to 3 years in Colorado State Prison (with a mandatory 2-year parole), and/or
• a fine of $1,000 to $100,000.⁷

The purpose of habitual domestic violence charges is to punish serial offenders and to deter people from re-offending.

How to Fight Domestic Violence Enhancements

The best way to get a Colorado DV enhancement dropped is to show that you and the alleged victim were not current or former spouses or intimate partners. However, even if the DV enhancement gets dropped, you will still face charges for the underlying crime.

Example: Jim is charged with domestic violence assault for allegedly hitting his ex-girlfriend Natalie. If Jim can show that he and Natalie were never dating, Jim would still face assault charges but without the DV enhancement.

How best to fight charges for the underlying crime turns on the specific allegations. Common defenses include that:

• you acted in lawful self-defense,
• the incident was an accident, or
• the victim falsely accused you.

If I can persuade the D.A. to dismiss the underlying charge, then your domestic violence enhancement automatically disappears. Typical evidence I rely on in DV-related cases include:

• surveillance video footage,
• medical records,
• medical and forensic expert testimony,
• eyewitness accounts,
• police reports,
• GPS records, and
• recorded communications (such as texts, voicemails, emails, written notes, etc.).

As long as the district attorney cannot prove guilt beyond a reasonable doubt, your DV charge cannot stand.

Record Seals

The only DV-related convictions that can be sealed from your Colorado criminal record are municipal court cases. You have to wait three years after the case closes to petition for a seal.

Meanwhile, you can never seal:

• any felony DV-related convictions or
• any misdemeanor DV-related convictions out of justice (county) court.

However, if your DV case gets dismissed, then you can petition to seal it right away. It does not matter what court it was in or whether it was a felony or a misdemeanor.⁸

This is why it is so important to retain an attorney to fight to get your DV-related charges dismissed. A conviction mars your record for life.

If You Are the Victim of Domestic Violence

Victims of domestic violence offenses can seek help and support by calling the National Domestic Violence Hotline at 1 (800) 799-7233 or text START to 88788.

Further Reading

For more information, see our related articles:

• Does Colorado mandatory reporting apply to domestic violence?
• Is domestic violence a felony or a misdemeanor in Colorado?
• How can I get an expungement of a domestic violence conviction in Colorado?
• What class of crime is domestic violence in Colorado?
• Domestic Violence Classes in Colorado – What if I don’t do them?

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Legal References