Domestic violence charges can turn your world upside down in an instant. Even an accusation can land you in jail, while a conviction can upend your family, career, and future. That’s why it’s critical to understand the legal consequences you may face if arrested for domestic violence in Colorado.
As experienced Castle Rock domestic violence attorneys, we’ve seen many good people struggle through these cases. Our goal is to give you a realistic picture of the fallout from domestic allegations so you can make informed choices. Whether the claims are exaggerated or flat-out false, knowing the potential penalties allows you to prepare your strongest defense.
Colorado law defines domestic violence broadly, covering any physical assault or threat causing injury to an intimate relationship. An intimate relationship means a relationship between spouses, former spouses, past or present unmarried couples, or even people who meet on dating apps. Even verbal taunts and property damage may qualify as domestic violence without any violent act occurring.
Most domestic cases involve misdemeanor charges like harassment, assault, and violation of a restraining order. But, aggravating factors can quickly turn a domestic violence charge into a felony. Strangling, use of a weapon, or causing substantial injury often leads police and prosecutors to file first or second-degree assault charges, carrying over a decade in prison. Even misdemeanors can be charged as felonies if the accused has three DV convictions.
In Colorado, police must make an arrest if they have probable cause to believe domestic violence occurred. However, once they have determined there has been a domestic violence incident, Colorado has “mandatory arrest” policies removing officer discretion. This means any accusation of abuse can lead to an immediate arrest, even without significant investigation at the scene.
Once arrested, you’ll be photographed, fingerprinted, and held in jail awaiting a bond hearing within 48 hours. Unless you can post bail, you’ll remain incarcerated until you resolve your case.
Offense | Classification | Penalties |
First-Degree Assault (C.R.S. § 18-3-202) | Class 3 felony | 10-32 years prison, up to $750,000 fine |
Second-Degree Assault (C.R.S. § 18-3-203) | Class 4 felony | 2-6 years prison, up to $750,000 fine |
Third-Degree Assault (C.R.S. § 18-3-204) | Class 1 misdemeanor | $1,000 fine and up to 364 days in jail. |
Violation of Protection Order (C.R.S. § 18-6-803.5) | Class 2 misdemeanor – Class 1 misdemeanor | $1,000 fine and up to 364 days in jail. |
Stalking (C.R.S. § 18-3-602) | Class 5 felony – Class 4 felony | 1-6 years prison, up to $500,000 fine |
Domestic violence sentences largely depend on two factors – the severity of charges and your criminal history. Misdemeanors typically bring probation, counseling, and fines. However, aggravating circumstances like prior convictions can still lead to substantial jail time.
Felony domestic violence charges can carry mandatory prison time in Colorado. Serious injury, weapon use, or repeat offenses can extend sentences up to over a decade behind bars.
Beyond your formal sentence, a domestic violence conviction causes problems that linger for years. You’ll have a permanent criminal record visible to employers, landlords, and banks. If convicted of a felony, you may lose professional licenses and struggle to secure federal benefits like student aid.
Custody rights may also be jeopardized after domestic assault charges. Family court judges often mandate supervised visitation or even sever parental rights after finding evidence of abuse.
Immigrants charged with domestic crimes also face severe consequences like deportation and bans on naturalization. Certain misdemeanors trigger mandatory removal, and felony convictions almost always result in the removal.
Given the wide-ranging effects of domestic allegations, getting experienced legal counsel is critical. hiring an attorney focused on domestic defense is more worthwhile, considering the devastating personal stakes.
We want you to know experienced representation is available. At Right Law Group, our domestic violence attorneys are specialists in Colorado domestic violence laws and courts at every level. We dig into the facts others might overlook while guiding you and your family through the storm.
If you or someone you love is facing domestic assault charges, please get in touch today to explore your options in a no-obligation consultation. We will treat you with discretion and compassion while aggressively defending your freedom. With so much at risk, you deserve experienced counsel fighting for your interests from the moment charges are filed.
A domestic violence conviction can ruin your life. But with thousands of resolved cases behind us, the criminal defense attorneys at Right Law Group have what it takes to beat these allegations. As relentless former prosecutors, we know how to pick apart the prosecution’s case and uncover every weakness.
Our decades of combined experience and intimate knowledge of Colorado courts fuel a zealous defense to protect your future. With offices across the state and over 500 glowing reviews, Right Law Group has earned a reputation for the highly personalized advocacy you deserve.
A domestic violence charge marks the beginning of the fight of your life. Arm yourself with the top legal talent in Colorado – contact Right Law Group now for a free consultation with our battle-tested domestic violence lawyers in Castle Rock. Our team won’t rest until your rights are protected and your charges are defeated. With so much at stake, put Colorado’s premier criminal defense firm in your corner today.
Frequently Asked Questions
Police are required to make an arrest anytime they have probable cause to believe domestic violence took place. Colorado has mandatory arrest laws in domestic cases, so even an unproven accusation can lead to on-site detention.
Yes, those convicted of certain domestic violence charges in Colorado may be prohibited from legally possessing firearms under both state and federal law. The firearm ban often applies even for some misdemeanors.
Domestic violence convictions allow family court judges to impose severe custody restrictions like supervised visitation or even termination of parental rights. So domestic allegations can profoundly impact custody arrangements.