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 committed between current or former romantic partners.

Felonies commonly charged with a DV enhancement are:

1. First-degree assault (CRS 18-3-202), which is intentionally causing serious injury with a deadly weapon.
2. Second-degree assault (CRS 18-3-203), which is intentionally causing serious injury without a deadly weapon.
3. Stalking (CRS 18-3-602), which is making a credible threat and repeatedly following or contacting the victim.
4. False imprisonment (CRS 18-3-303), if no force or threats were used to confine the person, and the detainment lasted for 12 hours or longer.
5. Child abuse (CRS 18-6-401), if there is a serious bodily injury, or there is a prior conviction.
6. Unlawful sexual contact (CRS 18-3-404), if the victim is compelled to submit to the sexual contact by threats, intimidation, force, or being drugged.
7. Menacing (CRS 18-3-206), if you used a deadly weapon or showed that you were armed with one.

Misdemeanors commonly charged with a DV enhancement are:

1. Third-degree assault (CRS 18-3-204), which is uninentionally causing non-serious injuries.
2. Harassment (CRS 18-9-111), which is annoying someone through repeated contact or taunting.
3. False imprisonment, if the detainment lasted for less than 12 hours or if no force or threats were used to confine the person.
4. Child abuse, if there are no-to-minor injuries and there are no prior convictions.
5. Unlawful sexual contact, if the victim is not forced to submit to sexual contact.
6. Menacing, if there is no deadly weapon involved.

Consequences of a Domestic Violence Charge

Firstly, 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 enhancement causes a mandatory protection order to be taken out against you. As long as this restraining order is active, you must avoid the victim as well as abstain from alcohol and surrender your guns.²

Note that violating a protective order (CRS 18-6-803.5) is a misdemeanor typically carrying

• up to $1,000 in fines and/or
• up to 364 days of jail time.³

Then, if you ultimately get convicted, 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 any penalties that the underlying crime carries in Colorado, such as

• 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

What are habitual domestic violence offenders?

If you pick up four convictions 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.

Typical evidence that defense attorneys rely on includes:

• surveillance video footage
• medical records
• medical and forensic expert testimony
• eyewitness accounts
• police reports

For every criminal charge, the district attorney must prove guilt beyond a reasonable doubt. If your underlying charge gets dismissed, then the domestic violence crime enhancement automatically disappears.

How Soon the Record Can Be Sealed

Domestic violence felony convictions can never be sealed from your criminal record. Similarly, misdemeanor DV convictions out of justice (county) court can never be sealed either.

However, misdemeanor domestic violence convictions in municipal courts can be sealed three years after your case ends.

DV cases that get dismissed are sealable right away. It does not matter:

• what court the case was in, or
• whether the underlying crime was a felony or misdemeanor.⁸

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?
• Domestic Violence Assault

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Legal References