Domestic Violence Assault in Denver: Understanding Colorado's Legal Landscape
Navigating the complex legal terrain of domestic violence assault in Colorado can be challenging. At Mile High Legal, our Denver-based criminal defense attorneys are committed to providing comprehensive guidance through these difficult legal situations.
Key Takeaways About Domestic Violence or “DV” in Colorado
Domestic violence assault is not a standalone crime but a penalty enhancement to assault charges.
"Intimate partners" include current/former spouses, romantic partners, and co-parents.
Prosecutors can pursue charges even if the alleged victim recants.
Mandatory arrest policies apply in Colorado domestic violence incidents.
Potential consequences extend far beyond criminal penalties.
How Colorado Law Defines Domestic Violence
Under Colorado law, domestic violence is precisely 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."
The definition extends beyond physical violence to include:
A method of "coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship."
Who Qualifies as an Intimate Partner?
Colorado statutes define an intimate relationship as:
"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."
Prosecution Requirements in Denver Domestic Violence Cases
To secure a conviction, prosecutors must prove two critical elements:
You committed a crime
The victim is or was in an intimate relationship with you
It's crucial to understand that many domestic violence cases rely heavily on victim statements, often resulting in "he said/she said" scenarios.
See the full statute here:
https://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-6-800-3/
Potential Penalties for Domestic Violence Assault
In addition to any potential penalty from the level and type of crime, a conviction when the underlying facts is based out of domestic violence carries with it mandatory classes pursuant to statute. See https://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-6-801/. These classes are determined after an initial evaluation where the individual is placed in a treatment category, with the higher level treatment being associated with more serious offenses, requiring more classes and intensity.
The below chart is from the Domestic Violence Offender Management Board Handbook that guides all probation departments in Colorado on DV offenses.
For access to the full guide visit: https://dcj.colorado.gov/dcj-offices/odvsom/dvomb-standards-revisions
Additional Domestic Violence Consequences
Beyond criminal penalties, you may face:
Mandatory domestic violence treatment programs
Protective orders
Mandatory counseling
Firearm possession restrictions
Potential habitual offender status
Defending Against Domestic Violence Assault Charges
Our Mile High Legal attorneys have successfully employed several defense strategies:
Self-Defense: Demonstrating proportional force used to prevent immediate harm
Accidental Incident: Proving no intentional harm was committed
False Accusations: Exposing potential motivations for fabricated claims
Lack of Probable Cause: Challenging the initial arrest's legal basis
Act was committed for other purposes: DV requires the act be committed for “control” or “retaliation” etc. If the offense was committed for some other reason, like the actor was having a mental health breakdown, it cannot be an act of domestic violence.
Recanting or uncooperative victims: while this is not dospitivie of what happens in a case, if a victim does not want to participate in prosecution or chooses not to testify, the DA may not be able to prosecute.
Related Offenses to Be Aware Of
Menacing (C.R.S. 18-3-206)
Involves threatening physical force that creates fear of imminent serious injury. Can be:
Class 1 Misdemeanor (standard case)
Class 5 Felony (if a deadly weapon is involved)
https://www.milehighlegal.com/menacing
Stalking (C.R.S. 18-3-602)
Characterized by:
Making credible threats
Repeatedly following or contacting a person
First offense: Class 5 Felony
Subsequent offenses: Class 4 Felony
Conclusion
Domestic violence charges in Denver and across Colorado carry severe consequences. If you're facing such charges, it's critical to seek experienced legal representation immediately.
Disclaimer: This article provides general legal information and does not constitute specific legal advice. Each case is unique, and you should consult with a qualified Colorado criminal defense attorney for personalized guidance.
