Domestic Violence Felony Charges
Domestic violence is, by itself, not a criminal charge; an underlying charge must be present. To give an example, the common domestic violence felony charges include Assault, Menacing, False imprisonment, and Stalking. Needless to say, domestic violence may include serious crimes like murder.
The differentiating factor in a DV case is the intimate relationship that exists between the alleged victim and the defendant. It could be either a former or present relationship. At the trial, the prosecutor could request that a particular case be classified as DV case – and can then bring evidence of such a relationship which now exists or has existed in the past. In case it is so, then the DV can enhance the sentencing, increasing the jail time. This will also add the treatment terms to the probation – like the mandatory Domestic Violence classes. Domestic violence felony charges can adversely affect your current job and future career prospects.
Why do you need a domestic violence felony attorney?
When you face domestic violence felony charges, the possibility of severe punishments include:
- Issuance of a mandatory protection order;
- Probation with extensive terms;
- Treatment for domestic violence, for which you will be responsible to pay for;
- Monetary fines; and
- Possible time in prison in the Colorado Department of Corrections.
Domestic Violence Arrests
In the state of Colorado, there is something called a “mandatory arrest” policy that applies in domestic violence situations. This policy allows an officer of the law to arrest the person that is accused of being the aggressor in a domestic violence situation. Unfortunately, this law has caused many innocent persons to be arrested and charged with a crime based on a policy and not the actual circumstances of their case.
Important things to know about domestic violence arrests:
- Fast track program
- Dual Arrests
- False accusations
- Probation violations
What Do I Do If I Am Arrested?
Knowing your rights in a domestic violence case is important and a skilled Denver domestic violence attorney can help you in dealing with an officer or investigator. When approached by an officer of the law, you have the right to remain silent and not say anything that may incriminate you. Contact our offices first.
Domestic violence cases in Colorado are complex due to factors such as one party making false accusations; children that may be involved as well as things said when tempers flare out of control. At the same time, those charged with domestic violence need an attorney because even if the couple has reconciled or a story has been changed, the accused is still penalized.
The penalties can have a horrendous effect on an innocent person. A restraining order is automatically issued and the accused may be prevented from entering their home or seeing their children. Not to mention, there are the hefty fines and possibility of serving jail time. Only a Denver domestic violence attorney has the ability to resolve these types of situations so that a person can continue their lives without further complications.
Dedicated Legal Representation
O’Malley and Sawyer, LLC is a criminal defense law firm dedicated to helping clients accused of domestic violence prove their innocence. Often there are cases where false accusations have been made, or things are said as a form of retaliation against someone during a divorce or breakup. As each case is unique, it is important that you contact an attorney if you are accused of a misdemeanor or felony involving domestic violence. Contact a Denver Domestic Violence Attorney from our firm to learn what we can do to help you. With the facts, a defense strategy may be devised so that your charges are reduced or dropped entirely.