Domestic violence charges are serious, even at the misdemeanor level. In fact, accusations of and arrests for domestic violence – even without convictions – can damage personal relationships, reputations and careers. These cases can also threaten people’s freedom and future.
The Colorado Springs defense lawyers at Anaya-McKedy, P.C. understand the impacts of domestic abuse charges and convictions – and how essential it is to have experienced, strategic representation in these cases. That is why we are tirelessly dedicated to providing effective defense advocacy to those facing domestic violence charges.
Whether you were just arrested for domestic abuse or charges have already been filed against you in Colorado Springs, you can turn to our exceptional defense attorneys for support, superior representation and help successfully navigating the criminal justice system.
When you partner with us, you can be confident that your rights will be fully protected and that we will work diligently to limit the negative impacts and achieve the best outcome possible.
Arrested for or Charged with Domestic Violence?
Call (719) 227-0007 or Email Us
for a Free, Confidential Consultation
We are available 24/7 to answer your questions, assuage your concerns and defend you. We can meet you and/or a loved one at jail or our Colorado Springs office. We can also discuss your case over the phone.
How Does Colorado Law Define Domestic Violence?
Colorado law (C.R.S. 18-6-800.3) defines domestic violence 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 law also defines:
- Domestic violence as any act against property, including an animal, that is used to coerce, punish, intimidate or enact revenge upon a person with whom the actor is in an intimate relationship.
- An intimate relationship as any relationship between spouses, current or former unmarried couples, or unmarried parents of a child (regardless of whether they have ever lived together).
Please note that domestic abuse is not a stand-alone crime. Instead, it is a sentencing enhancer that’s added to other criminal charges, like battery or stalking.
Whether you are facing misdemeanor or felony charges, we know your case is likely the most important thing in your life, and we will handle it with the highest level of professionalism, expertise, diligence and care.
Some examples of actions that can result in sentencing enhancer include:
- Violence, such as assault
- Threats of violent actions
- Destruction of property
- Incessant, unwanted contact, like calling or texting incessantly.
What Happens After Colorado Springs Police Are Called?
When Colorado Springs police respond to calls for domestic violence, their primary focus is to determine whether there is probable cause that this offense has occurred. Probable cause means that there are reasonable grounds to suspect that something has taken place.
When there is probable cause that an act of domestic violence has been committed, police are legally required to arrest the person suspected of committing the offense “without undue delay.” This is due to Colorado’s mandatory arrest laws in domestic violence cases.
Once an arrest has been made:
- A mandatory protection order will go into effect – This order prohibits the accused person from contacting or communicating with the alleged victim. The intention is to protect any alleged victims as the investigation and case proceed. Violating the terms of a protective order can result in additional criminal charges and cases.
- The alleged victim cannot “drop” the charges – Whether or not the charges will be dropped (or the case will proceed) will be the prosecutor’s decision. Prosecutors may consider the alleged victim’s wishes, however, when deciding whether to pursue the case.
Did You Know Victims of Domestic Abuse in Colorado Springs Cannot Drop the Charges?
When Are Misdemeanor versus Felony Domestic Violence Charges Filed?
The level and severity of the charges filed will depend on the nature of the underlying charge(s) associated with the case.
Those who have at least three prior domestic violence convictions can be charged as “habitual offenders” if they face domestic violence charges for a fourth (or subsequent) time. Habitual domestic violence offender charges are Class 5 felonies, which can be punishable by:
- 1 to 3 years in prison
- $1,000 to $100,000 in fines
- Possibly other penalties.
Sentencing may be doubled in cases that involve violent crimes, like assaults and sexual assaults.
What Are the Penalties for Domestic Violence in Colorado Springs?
The penalties for domestic violence will vary, depending on factors like (but not limited to):
- The precise nature and level of the charges filed
- Whether the accused has prior domestic violence convictions and/or a criminal record.
Generally, however, penalties for domestic violence may include some combination of:
- Jail or prison time
- Treatment programs
- Loss of certain rights, such as the rights to buy or possess firearms.
Please note that there may be additional proceedings and penalties, depending on the situation and career of the convicted individual. For example, military members accused of domestic violence may also have to deal with court martial cases, which can result in further penalties and possibly discharge.
An attorney at Anaya-McKedy, P.C. is ready to discuss the circumstances surrounding your arrest or case, explain the process that lies ahead and inform you of the potential penalties. We are also ready to provide you with the strongest possible defense at every step moving forward. We are proud to serve and represent civilians and members from all military branches in any type of domestic violence case.
Put 30+ Years of Criminal Law Experience in Your Corner: Contact Us.
If you or a loved one has been arrested for or charged with domestic violence, call (719) 227-0007 or email us for a free, confidential, no obligations consultation. A trusted Colorado Springs domestic violence attorney at Anaya-McKedy, P.C. is available 24/7 to:
- Answer your questions
- Advise you of your rights and options for proceeding
- Vigorously defend you against the charge(s).
Backed by more than 30 years of criminal trial experience, our attorneys are former prosecutors who have a deep understanding of how prosecutors build and present cases. This gives us with the insights necessary to anticipate what the prosecution may do and strategically structure your defense.
At Anaya-McKedy, P.C., we will NOT accept an unfair outcome, and we will use our decades of experience to fight for great results and favorable resolutions. Whenever possible, we will aggressively pursue the many alternatives to conviction and incarceration.
Our extensive experience and record of success have earned us many professional honors, 5-star reviews on Facebook and Google, and the respect of colleagues, local judges and prosecutors.