How a Denver Attorney Can Help in Domestic Violence Cases

When Things Go South

When people start a relationship they hope for the best, but unfortunately, things do not always turn out that way. Domestic disputes are the things that plague many couples in the metro Denver area. While it is hoped that domestic violence is not something a couple has to go through if it is then a Denver domestic violence attorney should be contacted. For those accused of domestic violence charges, here are some issues to be aware of.

Everyone has the right to be safe and protected

If a person has suffered violence or abuse or is threatened with violence or abuse from their domestic partner, they have Domestic Violence Attorneyevery right to contact local law enforcement and to take steps to ensure their safety. A Denver domestic violence attorney will tell anyone that pressing domestic violence charges is a serious matter and will take time and resources for law enforcement, legal counsel, the justice system, both parties involved and any witnesses to any alleged incidents.

Pressing charges is a serious matter

Making false claims of abuse against a partner or another person is against the law. False charges could result in a counter lawsuit against the original party pressing charges.  A Denver domestic violence attorney will be able to defend a person against any false charges of domestic abuse, and depending on the circumstance, the individual to that party and the case could advise pressing charges against the original party who pressed the false charges.

Domestic abuse can fall under civil or criminal law

Depending on the nature of the case, a party could press civil and/or criminal domestic abuse charges against another person or party. Civil charges would include things like a person pressing charges for a protection order against their domestic charges. Criminal charges would include any charges pressed by law enforcement officials for crimes such as harassment, assault, stalking or murder. Whether charges are pressed by a domestic partner or law enforcement, a Denver domestic violence attorney will be able to properly defend a client against either civil or criminal charges.

Domestic protection orders should not be violated

If a person has a domestic violence restraining order, the partner who is given the order should make sure not to violate the order. Violating a domestic violence restraining order can negatively impact a domestic violence case, and could result in more charges or an immediate arrest. A Denver domestic violence attorney will be able to advise any clients with a domestic violence restraining order against them.

Always speak to a lawyer

If you are charged with domestic violence, before speaking to the police, admitting any possible fault or involvement, or making any other sort of official statement, you should always contact a Denver domestic violence attorney first. Be sure to tell your attorney the facts of what occurred, and do not add false allegations or embellishments. The attorney should always be advised if there are details about the incident that were not mentioned earlier as this could potentially alter any civil or criminal court proceeding.

 

Sex Offender Sentencing

Sentencing Guidelines For Sex Offenders In Colorado

Colorado Sentencing guidelines for sex offenders are very strict and leave Judges little discretion. In some circumstances, a sex assault conviction requires prison for an indeterminate amount of time–which could mean the rest of your natural life. The indeterminate sentencing is mandatory for some crimes and for some crimes it is discretionary, meaning if a judge sentences a person to prison it is indeterminate versus a probation sentence.

Available Options

In a case in Boulder, a young man was convicted of sex assault and the Judge was given two options. The prison was not mandatory but any prison would be an indeterminate sentence to the department of corrections which could mean a life sentence. The individual was eligible for probation. Now probation on a felony can include up to two years in work release or 90 days of jail without work release as a condition of probation.

The Outcry Against Sentencing

There is a huge outcry against the sentence. The sentencing statute created the outcry because of the limitations on the Judge. The Judge did not have the power to sentence the individual to a definite term in prison. The Judge was left with indeterminate which means the Parole Board will release you when you are no longer a threat or Probation.

Seriousness Of Sex Offenses

Sex offenses are the most serious crime outside of homicide. The sentencing is harsh. The public outcry can be crushing. The legislature thought it would take the power away from the Judges in deciding how long a sex offender should serve in prison. Instead, it has left Judges with the unenviable task of deciding if an individual deserves a potential life sentence or years and years of probation with a lesser amount of jail.

Management Of Sex Offenders In Colorado

What Crimes Form The Sex Offender Designation?

Under Colorado Law: 6-11.7-102(2)(a) C.R.S. any individual that has been convicted or adjudicated for the following offenses is considered a sex offender:

  • Committing any sex-related offenses
  • A previous conviction for sex offenses or a history of the latter in or out of state
  • Any current or previous conviction in the state whose basis involved a sexual offense
  • Any juvenile who commits a sexual offense is also designated as a Sex Offender

Sources: Colorado.gov

If you are charged with a sex offense. Seek experienced Legal Counsel.

Colorado criminal code offenses against public peace order decency harassment

The Crime of Criminal Attempt in Colorado

Criminal attempt in Colorado is defined as: Intentionally engaging in conduct that constitutes a substantial step towards the commission of a misdemeanor other than a class 1 misdemeanor is a class 3 misdemeanor. 18-2-101 (7)

Criminal attempt to commit a class 1 misdemeanor is a class 2 misdemeanor. 18-2-101 (6)

  • Criminal attempt to commit a felony defined outside of the criminal code and for which no penalty is specified is a class 6 felony. 18-2-101 (5)
  • Criminal attempt to commit a class 5 or class 6 felony is a class 6 felony. 18-2-101 (4)
  • Criminal attempt to commit a class 4 felony is a class 5 felony. 18-2-101 (4)
  • Criminal attempt to commit a class 3 felony is a class 4 felony. 18-2-101 (4)
  • Criminal attempt to commit a class 2 felony is a class 3 felony. 18-2-101 (4)
  • Criminal attempt to commit a class 1 felony is a class 2 felony. 18-2-101 (4)

The Crime of Conspiracy in Colorado

Criminal conspiracy. A person who agrees with another person to engage in conduct that constitutes a misdemeanor defined outside of the Criminal Code, or who agrees to attempt to commit such a misdemeanor, or who agrees to aid another in the planning, commission, or attempt to commit such a crime, with the intent to facilitate or promote the commission of such crime, commits a class 3 misdemeanor. 18-2-201 (5)

  • Conspiracy to commit a misdemeanor other than a class 1 misdemeanor is a class 3 misdemeanor. 18-2-206 (5)
  • Conspiracy to commit a class 1 misdemeanor is a class 2 misdemeanor. 18-2-206 (4)
  • Conspiracy to commit a felony defined outside of the criminal code and for which no penalty is specified is a class 6 felony. 18-2-201 (5)
  • Conspiracy to commit a class 5 or class 6 felony is a class 6 felony. 18-2-206 (1)
  • Conspiracy to commit a class 4 felony is a class 5 felony. 18-2-206 (1)
  • Conspiracy to commit a class 3 felony is a class 4 felony. 18-2-206 (1)
  • Conspiracy to commit a class 2 felony is a class 3 felony. 18-2-206 (1)
  • Conspiracy to commit a class 1 felony is a class 2 felony. 18-2-206 (1)

The Crime of Solicitation in Colorado

Criminal solicitation. A person who attempts to persuade another person to commit a felony defined outside of the criminal code and for which no penalty is specified commits a class 6 felony. 18-2-301 (5) and 18-2-101 (4)

  • Criminal solicitation to commit a class 5 or class 6 felony is a class 6 felony. 18-2-301 (5) and 18-2-101 (4)
  • Criminal solicitation to commit a class 4 felony is a class 5 felony. 18-2-301 (5) and 18-2-101 (4)
  • Criminal solicitation to commit a class 3 felony is a class 4 felony. 18-2-301 (5) and 18-2-101 (4)
  • Criminal solicitation to commit a class 2 felony is a class 3 felony. 18-2-301 (5) and 18-2-101 (4)
  • Criminal solicitation to commit a class 1 felony is a class 2 felony. 18-2-301 (5) and 18-2-101 (4)

Have you been arrested and charged with a public peace order offense or decency harassment?

If so, contact our office immediately to learn about your options with a no-cost criminal defense consultation.

Denver Office: 303-981-6366
Englewood Office: 303-595-4342