Domestic violence (DV) charges are scary for anyone, and the stakes are high. If you find yourself facing a domestic violence case in Colorado, it’s crucial to seek the assistance of a qualified lawyer to ensure your rights and future are protected. Contact The Harrell Law Firm, PLLC to schedule a free consultation.
Why The Harrell Law Firm, PLLC For Your Domestic Violence Case?
Here are some key reasons why you should consider choosing The Harrell Law Firm, PLLC for your domestic violence case:
- The Harrell Law has extensive experience in dealing with domestic violence cases. Our vast knowledge of Colorado’s domestic violence laws can be a valuable asset to your defense.
- With years of trial experience, we are capable of providing an aggressive defense on your behalf.
- We recognize that each domestic violence case is unique. We take the time to understand your specific circumstances and create a personalized defense strategy that best suits your needs.
How an Attorney Can Help You With a Domestic Violence Charge
Facing a domestic violence charge can be incredibly overwhelming. Hiring an attorney can help alleviate some of the stress and provide many benefits, such as:
- Legal Advice and Guidance: An experienced attorney can help you navigate the complex legal system and provide advice on the best course of action for your specific case.
- Evidence Gathering: A skilled attorney can help gather crucial evidence that can potentially help you build a strong defense, such as witness testimonials, medical records, or expert analysis.
- Negotiation: Attorneys are often able to negotiate with prosecutors to reduce charges or arrange for a more favorable plea deal. Having an experienced attorney by your side during this process can greatly improve your chances of reaching a favorable outcome.
- Representation in Court: Your attorney will actively represent you during court proceedings, ensuring that your rights are protected every step of the way.
What is Domestic Violence?
In Colorado, domestic violence is not a separate charge but rather an enhancement of an underlying charge. This enhancement can increase the severity of the penalties associated with a conviction.
In Colorado, domestic violence is defined as “…an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” This includes not only acts of physical violence but also acts of intimidation, coercion, control, punishment, or revenge directed towards an intimate partner.
An intimate relationship is: “…a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”
Mandatory Arrest Policy
Colorado is a mandatory arrest state, which means that police are required to arrest anyone they believe has committed domestic violence, even if the alleged victim recants their statement or does not wish to press charges. The intention behind this policy is to protect victims who may be under pressure to drop charges due to fear or manipulation by their alleged abusers.
However, this policy can also create an unfortunate situation in which individuals might face arrest based on misunderstandings or false accusations. In such cases, having a knowledgeable lawyer on your side can make all the difference in navigating the complexities of the legal system.
Habitual Domestic Violence Offender Status
A particularly concerning consequence for some defendants is the potential of being labeled as a Habitual Domestic Violence Offender (HDVO).
In Colorado, “…a person who is convicted of a misdemeanor involving an underlying factual basis of domestic violence and who has 3 prior convictions that include an act of domestic violence can be convicted as a habitual domestic violence offender, which is a class 5 felony.”
This carries a prison term of 1-3 years and a fine between $1,000 and $100,000 in addition to the penalties for the underlying offense.
Consequences Beyond the Criminal System
Aside from the legal penalties, a DV conviction can have a broad range of negative consequences on an individual’s personal and professional life. Some areas of life that can be impacted by a domestic violence conviction include:
- Reduced job opportunities: A DV conviction can carry a significant stigma, potentially limiting employability in certain industries or positions.
- Revoked professional licenses: Those working in licensed professions (such as healthcare or education) may see their professional licenses revoked or suspended due to a domestic violence conviction.
- Child custody and parental rights: Courts take a DV conviction into consideration during child custody proceedings, possibly leading to restricted or supervised visitation.
- Difficulty obtaining housing and loans: Landlords and lenders often conduct background checks, and a DV conviction can create obstacles to securing housing or financial assistance.
- Military status being negatively impacted: Active-duty military personnel or those seeking to enlist may face disciplinary actions, discharges, or denial of promotions due to a DV conviction.
Contact The Harrell Law Firm, PLLC To Schedule a Free Consultation
Domestic violence charges are scary for anyone and can have severe consequences on individuals and families. It is crucial to seek legal protection and assistance when faced with these circumstances. If you or a loved one is facing a domestic violence charge in Colorado, contact The Harrell Law Firm, PLLC to schedule a free consultation.