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.
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Domestic violence is usually treated as a misdemeanor in Colorado. However, it can be a felony if (a) the victim suffers a serious injury or is sexually assaulted, (b) the victim is a minor, or (c) you have a prior record of domestic violence or other violent crimes.
Felonies commonly charged with a DV enhancement are:
Misdemeanors commonly charged with a DV enhancement are:
Firstly, police officers are required to arrest you if they have probable cause to suspect you committed an act of domestic violence. This is because Colorado is a “mandatory arrest” state: It makes no difference if the alleged victims:
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.2
Note that violating a protective order (CRS 18-6-803.5) is a misdemeanor typically carrying
Then, if you ultimately get convicted, the judge may extend the restraining order and require that you complete a domestic violence treatment program.
The above DV consequences are all in addition to any penalties that the underlying crime carries in Colorado, such as
For example, domestic violence assault in the second degree (which comprises intentionally causing your partner or ex to suffer a physical or mental impairment) is a class 4 felony and usually a crime of violence (COV) as well. Therefore, the penalty range is:
However if you can show that you acted in the heat of passion during the assault, the charge is lessened to a class 6 felony carrying
Furthermore, any criminal charge can have devastating effects on your life, including loss of employment, housing, and educational opportunities.
Colorado felonies carry harsher penalties than misdemeanors, whether or not they involve a domestic violence (DV) enhancement.
By definition, felonies carry a minimum of one year in prison (though some crimes are probationable). Meanwhile, misdemeanors have no mandatory minimum jail term.5
Felony domestic violence convictions also always result in a revocation of your gun rights. Misdemeanor domestic violence convictions only cause you to lose your gun rights if the crime involved force (or threats of force), such as assault.6
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:
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. 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
Typical evidence that defense attorneys rely on includes:
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 becomes moot.
Domestic violence felony convictions can never be sealed from your criminal record.
Meanwhile, misdemeanor domestic violence convictions in municipal courts can be sealed three years after the case ends. However, misdemeanor DV convictions out of justice (county) court can never be sealed (similar to felony DV convictions).
DV cases that get dismissed are sealable right away, no matter the court, no matter whether they were felonies or misdemeanors.8
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.
For more information, see our related articles:
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.