Being accused of domestic violence in Colorado is overwhelming and frightening. Arrests often happen quickly, sometimes based on little more than statements made during an emotional situation. Once an arrest is made, the consequences can begin immediately, including protection orders, loss of access to your home, and restrictions of your rights. Domestic violence charges are not a single offense under Colorado law. Instead, domestic violence is a legal designation that can be attached to a wide range of criminal charges, each carrying its own penalties and long term consequences.
At The Law Office of Richard B. Huttner, our domestic violence lawyers defend individuals throughout Denver and the surrounding areas who are facing domestic violence allegations. Our firm understands how aggressively these cases are prosecuted and how quickly they can disrupt every aspect of your life. We focus on building strong, strategic defenses from the very beginning, carefully examining the evidence, challenging weak or unsupported claims, and protecting your constitutional rights at every stage.
What Is Considered “Domestic Violence” in Colorado?
Under Colorado law, domestic violence is not a standalone crime. It is a sentence enhancer that applies when an alleged offense is committed against someone with whom the accused has an intimate relationship.
An intimate relationship may include:
- A current or former spouse
- A current or former dating partner
- Someone with whom the accused shares a child
- Someone with whom the accused previously lived
- A person involved in a romantic or intimate relationship, past or present
If law enforcement believes an alleged crime involved the use or threat of physical force, coercion, punishment, intimidation, or control against someone in one of these relationships, the domestic violence designation can be added. This label significantly increases the seriousness of the case and limits how it can be resolved. A domestic violence defense attorney can help you understand how domestic violence is applied in accordance with the law and answer any other domestic violence questions you may have.
Types of Domestic Violence Charges in Colorado
Domestic violence charges in Colorado can involve a wide range of criminal allegations. Below are some of the most common types of domestic violence criminal charges we defend against.
Domestic Violence Assault
Domestic violence assault involves causing bodily injury to an intimate partner or placing them in fear of imminent injury. Assault charges range from misdemeanors to felonies depending on the severity of the alleged injuries and the circumstances.
These cases often rely on conflicting statements, visible injuries, or medical reports. Even minor injuries can result in serious charges when domestic violence is alleged.
Domestic Violence Menacing
Menacing involves knowingly placing another person in fear of serious bodily injury through threats or physical actions. This charge does not require actual physical contact.
Menacing cases frequently arise from heated arguments where words or gestures are later interpreted as threats. When a weapon is alleged, the charge can quickly escalate to a felony.
Domestic Violence Harassment
Harassment charges may involve repeated communications, verbal abuse, offensive language, or unwanted contact intended to alarm or annoy the alleged victim.
These cases often hinge on text messages, voicemails, or witness statements. Context, intent, and credibility play a major role in defending harassment allegations.
Domestic Violence Criminal Mischief
Criminal mischief involves damaging or destroying property belonging to an intimate partner. This might include breaking a phone, damaging a vehicle, or destroying items during an argument.
The level of the charge depends on the value of the damaged property. Even without physical injury, a domestic violence designation can still apply.
Domestic Violence Stalking
Stalking charges involve repeated, unwanted contact that causes emotional distress or fear. This may include following someone, repeated messaging, or showing up uninvited.
Domestic violence stalking cases are complex and often rely on patterns of behavior rather than a single incident.
Domestic Violence Sexual Assault
Sexual assault charges are among the most serious domestic violence cases. These allegations can involve spouses, dating partners, or former partners.
A conviction carries severe penalties, mandatory registration, and lifelong consequences. Early legal representation is critical in these cases.
Is Domestic Violence a Felony in Colorado?
Domestic violence itself is not classified as a felony or misdemeanor. The underlying charge determines the level of the offense. However, the domestic violence designation triggers mandatory consequences that apply regardless of charge level.
Domestic Violence Penalties
Penalties vary depending on the specific charge, prior history, and case facts. Below is a general overview of the penalties for domestic violence related crimes:
- Assault: Misdemeanor assault may involve jail time, probation, and fines. Felony assault can result in years in prison.
- Menacing: Misdemeanor menacing may lead to jail and probation. Felony menacing often involves weapons and carries prison exposure.
- Harassment: Typically charged as a misdemeanor with potential jail, probation, and mandatory treatment.
- Criminal Mischief: Charged as a misdemeanor or felony depending on property damage value.
- Stalking: Often charged as a felony, especially with prior convictions or violations of court orders.
- Sexual Assault: Felony charges with mandatory prison sentences and sex offender registration if convicted.
Immediate Consequences After a DV Arrest in Denver
Many penalties begin immediately after arrest, before any conviction. Immediate consequences typically include:
- A mandatory no contact protection order
- Removal from the shared home
- Loss of firearm possession rights
- Mandatory court appearances
- Immigration consequences for non citizens
- Employment and professional license issues
These restrictions can disrupt your life overnight, which is why early defense strategies matter.
Defenses to Domestic Violence Charges in Colorado
Domestic violence accusations do not automatically mean guilt. At The Law Office of Richard B. Huttner, we carefully examine every detail of the case to identify weaknesses in the prosecution’s evidence.
Potential defenses may include:
- False or exaggerated allegations
- Lack of physical evidence
- Self defense or defense of others
- Inconsistent or unreliable witness statements
- Lack of intent
- Violation of constitutional rights during arrest or investigation
Each case is unique. A strong defense strategy depends on early intervention and a thorough understanding of Colorado domestic violence laws.
Frequently Asked Questions About Domestic Violence Charges in Colorado
Can domestic violence charges be dropped in Colorado?
The alleged victim cannot drop charges. Only the prosecutor has that authority. However, weak evidence, credibility issues, or legal defenses may lead to dismissal or reduced charges.
Do domestic violence charges affect gun rights?
Yes. A domestic violence charge or conviction can result in immediate and long term firearm restrictions under both state and federal law.
Can I contact the alleged victim?
No. A mandatory protection order usually prohibits contact. Violating this order is a separate criminal offense and can seriously harm your defense.
Why Choose The Law Office of Richard B. Huttner for Your Domestic Violence Case?
At The Law Office of Richard B. Huttner, we focus exclusively on criminal defense. We understand how prosecutors handle domestic violence criminal charges in Denver and how quickly these cases can spiral out of control without experienced representation.
When you work with our firm, you get:
- Direct access to an experienced criminal defense attorney
- Strategic defense planning from the earliest stage
- Aggressive protection of your constitutional rights
- Honest guidance about risks, options, and outcomes
- A defense approach tailored to your specific charges
If you are facing domestic violence charges in Colorado, contact us today at (303) 981-6366 to schedule your free, confidential consultation and begin protecting your rights today.
