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Castle Rock Domestic Violence Lawyer

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Castle Rock Domestic Violence Attorney

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The Harsh Reality of Domestic Violence Charges in Colorado

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.

Common Criminal Charges and Allegations

Colorado law defines domestic violence broadly, covering any physical assault or threat causing injury to an intimate partner, family member, or co-parent. Even verbal taunts and property damage may qualify.

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. With Colorado’s stiff sentencing laws, even misdemeanors often bring heavy fines and probation requirements.

castle rock criminal defense attorney

Arrested on Site: What to Expect

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In Colorado, police must make an arrest if they have probable cause to believe domestic violence occurred. Many cities like Denver also have “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. For first-time offenders accused of minor offenses, bail is often around $500-$1500. But allegations involving weapons, strangulation, or serious injury may prompt $10,000 or higher bail amounts.

Consequences for Domestic Violence in Colorado

Charge Classification Penalties
Assault (18-3-204) Misdemeanor or felony Jail up to 18 years (misdemeanor); Prison 1-16 years (felony)
Menacing (18-3-206) Misdemeanor or felony Fines up to $5,000, jail up to 1 year (misdemeanor); Prison 1-3 years (felony)
Harassment (18-9-111) Misdemeanor Fines up to $750, jail up to 120 Days
Violation of Protection Order (18-6-803.5) Misdemeanor Fines up to $1,000, jail up to 1 year (misdemeanor)
Domestic Violence Sentence Enhancement (18-6-801) Increases penalties Requires a Domestic Violence Evaluation and Treatment
Strangulation/Suffocation (18-3-202) Felony Prison 2-6 years
Stalking (18-3-602) Felony Prison 1-4 years or 2-8 with a prior conviction

Domestic violence sentences largely depend on two factors – the severity of charges and your criminal history. Misdemeanors typically bring probation, counseling, and fines from up to $1000. However, aggravating circumstances like prior convictions can still lead to substantial jail time.

Felony domestic violence charges can carry mandatory prison time in Colorado. Sentences start at 2-6 years for standard felony assault. But serious injury, weapon use, or repeat offenses can extend sentences up to 32 years or higher. Certain domestic assault convictions also prohibit firearm ownership, limiting future career and recreational options.

Lasting Effects Beyond Your Sentence

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 are also 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.

Protect Yourself: Contact a Castle Rock Domestic Violence Attorney

Given the wide-ranging effects of domestic allegations, getting experienced legal counsel is critical. For qualified defendants, applying for a public defender is one option. But hiring an attorney focused on domestic defense may prove worthwhile, considering the devastating personal stakes.

We want you to know experienced representation is available. At Right Law Group, our domestic violence attorneys are familiar with Colorado 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.

What Most People Don’t Know About Domestic Violence Charges in Castle Rock, CO

  • Police are required to make an arrest if they have probable cause, even without much on-scene investigation.
  • Bail amounts can be high, like $10,000+, depending on circumstances like the use of a weapon. Many are shocked by the bail set.
  • Domestic violence convictions often prohibit firearm possession, limiting jobs & hobbies.
  • Immigrants can face immigration consequences like deportation or naturalization bars, even for misdemeanors.
  • Strangulation/suffocation charges are felonies with mandatory prison time, even without visible injury.
  • Restraining order violations also bring criminal charges, even if the violation seems minor.
  • Child custody loss is possible if a judge believes the evidence shows abuse. Supervised visitation is common.
  • Charges can mean losing professional/occupational licenses critical to work and income.
  • The effects on criminal record and background checks when applying for jobs/housing can be lifelong.
  • Counseling or rehabilitation programs are often mandatory, at the defendant’s expense, even without a conviction.

Facts, Laws, and Statistics on Domestic Violence in Colorado

  • Domestic violence is defined broadly under Colorado law, including physical abuse, threats, and property damage (CRS § 18-6-800.3)
  • Police are required to make an arrest if they have probable cause of domestic violence under mandatory arrest laws (CRS § 18-6-803.6)
  • Strangulation/suffocation is a felony under CRS § 18-3-202(1)(a), punishable by 2-6 years imprisonment
  • Domestic violence sentences can be enhanced under CRS § 18-6-801(7) for factors like prior convictions, use of a weapon, or crime committed in front of a child
  • Violating a restraining order is a misdemeanor for a first conviction (CRS § 18-6-803.5)
  • Abusers convicted of domestic violence in Colorado may be prohibited from possessing firearms (18 U.S.C. § 922(g)(9))
  • In 2020, Colorado law enforcement received over 40,000 domestic violence-related calls (Colorado Bureau of Investigation report)
  • Approximately 25% of all Colorado homicides in 2020 were related to intimate partner violence (Colorado Domestic Violence Fatality Review Board)

Contact A Castle Rock Domestic Violence Attorney.

Let’s be direct – 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 defense attorneys. 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.

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

Colorado criminal procedure

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  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

Frequently Asked Questions

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Will I automatically be arrested if accused of domestic violence?

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.

Can a domestic violence conviction in Colorado restrict my gun ownership?

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.

How could domestic violence charges affect child custody for my kids?

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.

Experienced Criminal Defense Lawyer

Finding the Right Criminal Defense Law Firm to Handle Your Colorado Domestic Violence Charges

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Facing check fraud accusations in Castle Rock can disrupt your life and forever alter your future. But you don’t have to go through it alone. Right Law Group has helped thousands resolve criminal charges across Colorado – and we’re relentless when it comes to defending our clients’ freedom and reputations.
Our team of former prosecutors and District Attorneys brings decades of combined experience, an intimate understanding of Colorado law, and a proven track record of achieving dismissals, acquittals, and favorable outcomes in check fraud cases. We know what it takes to protect your rights, expose flaws in the state’s case, and craft an ironclad defense on your behalf.

Don’t leave your fate in the hands of an overworked public defender. Right Law Group has your back. With 3 locations to serve you, our dedicated lawyers are ready to fight for the best possible result in your case. Don’t wait – contact Right Law Group online for a free consultation today. Our team is standing by 24/7 – because your future is on the line.

Areas Served

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El Paso County

Douglas County

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Arapahoe County

  • Centennial
  • Englewood
  • Greenwood Village
  • Cherry Hills Village
  • Foxfield
  • Sheridan
  • Columbine Valley
  • Byers
  • Southglenn
  • Castlewood
  • Peoria

Pueblo County

Teller County

Fremont County

  • Coaldale
  • Cotopaxi
  • Hillside
  • Howard
  • Texas Creek
  • Wellsville