Domestic Violence

Denver Domestic Violence Lawyer

If you have been accused of committing misdemeanor or felony domestic violence charges related to spousal abuse, assault, or other crimes against an intimate partner or another family member, contact me immediately. I am criminal defense attorney Christopher T. Braddock. I have been defending clients against domestic violence charges for more than 30 years and can help you.

Domestic violence defined

According to Colorado law, “domestic violence” is an act of violence, or threatened violence, upon a person the accused is in an intimate relationship with, or has been involved with. This can also include any other crime against a person or property, including an animal, when it is used to coerce, control, seek revenge on, punish, or intimidate a person with whom the actor is in, or has been in, an intimate relationship.

An “intimate relationship” is defined as a relationship between spouses, previous spouses, unmarried couples (present or past), or people who are each a parent of the same child regardless of whether the persons have been married or have lived together at any time.

In Colorado law, domestic violence is a sentence enhancer

Domestic violence (DV) is not a criminal charge in Colorado law. It is a factor, known as a sentence enhancer, added to an underlying criminal charge such as second degree assault. This is an important distinction, requiring an experienced lawyer’s understanding of how to defend against this charge that enhances another criminal charge.

Domestic violence is added to an underlying crime when the accused commits the criminal action against someone with whom he or she has an intimate relationship. This sentence enhancer triggers certain protective actions and allows prosecutors to enhance, or increase, the sentence when an accused is found guilty.

The DV sentence enhancer charge works like this:

• The defendant is accused of committing a crime, which can include physical harm such as assault, threats, stalking, and other actions (see below for specific charges).
• If the crime is committed against an intimate partner, or previous partner, domestic violence is added to the original criminal charge.
• A protection order, or restraining order, to stay away from the victim is required, and may require the defendant to move out of the shared residence.
• Loss of gun rights during determination of guilt are mandatory and may be permanent if the accused is convicted.
• If convicted, the accused will have to undergo evaluation or treatment for domestic violence.
• If found guilty of an act of domestic violence, the defendant will not be eligible for any home detention in the home of the victim.
• Additionally, any misdemeanor offense that includes an act of domestic violence is a class 5 felony if the defendant, at the time of sentencing, has been previously convicted of three or more prior offenses that included an act of domestic violence.

Felony and misdemeanor domestic violence charges

A domestic violence conviction results in penalties beyond a jail sentence. Crimes charged that result in a DV enhancement can be misdemeanors or felonies. Felonies are more serious than misdemeanors and generally carry more stringent punishments for conviction.

Whether a DV crime is designated a misdemeanor or a felony depends on the type of crime and certain circumstances.

Domestic violence for assault (first degree assault, second, & third)

Charges of assault are the most common type of crime resulting in the domestic violence charge. As a result, attorney Christopher Braddock handles many second degree and third degree assault cases. His experience in this particular area where domestic violence is often charged is a great asset for defendants.

Assault can involve a variety of actions that cause bodily harm to another. This includes punching, kicking, throwing something at a person, shoving, shooting, stabbing, poisoning, strangling, and other forms of attack.

First degree assault, second degree assault, third degree assault & penalties

• First degree assault is the most serious and involves using a deadly weapon to cause injury intentionally. Injuries inflicted can include fractures, permanent disfigurement, or burns. This is a class 3 felony carrying prison time of up to 32 years and/or a fine up to $750,000.
• Second degree assault is intentionally causing injury but without a deadly weapon or accidentally causing injury with a deadly weapon. Drugging someone or inflicting pain without the person’s consent are also second degree assaults. This is a class 4 felony; 5-16 years and/or $500,000.
• Third degree assault is causing unintended injury through negligence or risky behavior. This can be recklessly causing bodily injury that isn’t serious or causing non-serious injury with a deadly weapon due to negligence or by accident. This is a misdemeanor with up to 365 days in jail and/or $1,000.

Other DV crimes & penalties including stalking, harassment, sexual assault

Sexual assault (rape)

This involves penetrative sexual actions done without permission or when a person is under the influence of substances and can’t agree to the activity. This can be perpetrated through force, intimidation, or threats. Sexual assault can be a class 4, 3, or 2 felony carrying penalties ranging from up to 6 years in prison and/or $500,000 fine to up to life in prison and/or $1 million.

False imprisonment

This is detaining someone against their will without the legal authority to do so. Threatening harm to the family of a person being unlawfully detained is also false imprisonment. Imprisonment of less than 12 hours is a misdemeanor (120 days in jail and/or $750). But if the detainment is for more than 12 hours, it is a class 5 felony (1-3 years in prison and/or up to $100,000).

Stalking and harassment

Stalking involves a threat against a person accompanied by repeated surveillance or contact with that person. Penalties vary depending on the number of offenses and if it is done with a restraining order in place. A first offense is a class 5 felony carrying up to 4 years in prison and/or up to $100,000. Done while under a restraining order, this is a class 4 felony, with up to 8 years and/or $500,000.

Harassment is intentionally bothering someone by various means including following them, cyber-bullying, calling on the phone, hitting, repeated threats, aggressive gestures, and other actions. Harassment can be a petty offense or a class 1 or 2 misdemeanor, with up to 364 days in jail and/or $1,000.

Violating a restraining order (protective order)

Violating a restraining order, also called a protective order or protection order, is charged when the person under a restraining order for domestic violence purposefully violates that order. Penalties can be up to 18 months in jail and/or $1,000.

Other crimes such as spousal abuse and child abuse

Several other crimes are also eligible to be enhanced through domestic violence charges. These include:

• Menacing.
• Spousal abuse, child abuse, and elder abuse.
• Using children as intimidation.
• Sexual contact.
• Economic abuse.

Domestic violence habitual offender

Colorado law includes a charge of habitual domestic violence offender. This can be applied to a person convicted of a domestic violence related crime who has three prior convictions that include at least one act of domestic violence. The penalty for this class 5 felony is up to 3 years in prison and/or $100,000.

You have rights in a domestic violence case

Prosecutors are extremely aggressive in the prosecution of domestic violence cases. Even if the victim recants the allegations, you could still remain charged with the crime or be required to abide by a restraining order. We understand your rights through every step of the process, from being charged to being acquitted.

DV cases are also fast-tracked in order to protect alleged victims. This means quick arrest and an initial plea is required by defendants at the first court hearing. Obtaining legal counsel quickly is important.

Chrsitopher Braddock understands the defense strategies that are most effective in DV cases and how to evaluate the particulars of each individual case in order to take the best approach. Our first goal is often to have the domestic violence enhancement removed from the criminal charge.

A DV conviction does not just result in serving time and paying fines. It can negatively affect your ability to get a job, a loan, a home, even your ability to see your children.

Time is of the essence.