A Denver Domestic Violence Defense & Family Violence Lawyer Who Understands Your Charges
You and your partner get into an argument. Things get heated. They get loud. Tough words are exchanged. When the police knock on your door though, it surprises both of you.
Immediately shocked out of the moment, you collect yourselves and open the door. “Calls of a disturbance,” the police say. “Yelling. Things breaking.”
You try to tell them that you are both okay. You were having an argument, sure, but no one was hurting anyone.
They take in an unrelated bruise on your partner’s arm. Cuts on your partner’s hand from smashing a glass during the argument. The general chaos of your home. They do not listen.
Within moments, you have been handcuffed and placed in the back of a squad car, still not quite sure how you ended up there. The officers say they are arresting you for domestic violence, but you do not understand why.
What exactly did you do? How can you be charged just for having an argument?
Kimberly Diego is a well-respected Denver domestic violence attorney who has successfully handled countless cases, and she hears questions like these all the time. The answer comes down to the laws of our state.
Colorado has a mandatory arrest rule in place for domestic violence. If the police are called to deal with a situation and have probable cause to believe domestic violence occurred, they are required to make an arrest. It does not matter if the alleged victim says no violence happened because they are not the ones pressing charges – the State is. That means only the prosecutor can decide to drop the charges, and the victim’s word is not likely to be enough.
If you want to give yourself the best chance at a positive outcome, it is vital that you understand how domestic violence charges work. Ms. Diego can help you learn why exactly you were charged and what you are up against. Then she’ll work with you to craft a defense strategy designed to get your charges reduced, dropped, or dismissed.
Colorado Criminal Attorney Kimberly Diego Knows What Constitutes Domestic Violence in Our State
Most people have a fairly narrow view of what “domestic violence” means. Ask a random person on the street, and they might say something like, “Hitting your spouse or kid.”
However, while that is one type of domestic violence covered by the laws of Colorado, it is not the only act that can get you charged. What does the law say, specifically?
Domestic violence is any act of violence – or threat of violence – between two people who are in or previously had an intimate relationship. That sounds pretty simple, but there is actually a lot to unpack there.
Let’s start with the various acts the law covers. Violence and threats of violence. That can mean a number of different things. It obviously includes acts of physical and sexual violence against the victim, including hitting, kicking, slapping, choking, and so on – with a weapon or without. However, since threats count as well, it can also mean saying something like, “Shut up or I’ll shut you up!” in the middle of an argument or even raising your hand in a threatening manner.
Stalking and harassment apply, too, as do property crimes depending on the specifics of the situation. For example, taking your partner’s phone so they cannot contact others can be domestic violence, as can breaking their phone in an argument. These latter types of domestic violence offenses have even been known to result in victims being charged instead of their abusers.
Are there specific domestic violence charges for all these types of crimes? Not exactly. In fact, there is no actual charge of “domestic violence” outlined in our statutes. Rather, domestic violence is what is known as an “aggravator” or “sentence enhancer.”
The means that someone “charged” with domestic violence is really being charged with another crime and having additional penalties related to domestic violence added to the consequences they already face.
The charges that most commonly come with enhanced domestic violence penalties include:
What separates acts of domestic violence from other types of crimes? Quite simply, the relationship between the alleged perpetrator and the victim.
Colorado defines this as two people who have had an “intimate relationship,” which is a big umbrella. Cases in our state have been filed against:
Parents and Children
Essentially, you can be charged with domestic violence for acts against anyone with whom you have had an intimate relationship at any time.
Avoid the Serious Consequences of a Domestic Violence Conviction with a Knowledgeable Denver Family Violence Lawyer
What are you up against if charged with domestic violence in our state? A lot of that depends on the specific charge.
For example, the penalties you face for domestic violence sexual abuse will be quite a bit different from those for breaking your spouse’s TV. That being said, there are a number of commonalities between the types of enhanced penalties you can get for domestic violence, including:
Difficulty Getting House Arrest. Often, defendants are able to negotiate house arrest, so they do not have to stay in jail while awaiting trial. However, this is impossible in many domestic violence cases since they share a home with their alleged victim.
Difficulty Getting Probation. For most crimes, probation is granted largely depending on the nature of the act itself and the character of the accused. Where domestic violence crimes are concerned, however, the court must also think about the safety of the victim and any children who are involved. If there is a potential for violence, probation likely will not be granted.
Gun Rights Taken Away. If you are convicted of a domestic violence charge, the law says that you are no longer able to own, use, or transport guns or ammunition. This is also true if you are under a protection order with certain criteria.
Labeled a “Habitual Offender.” Anyone who has been convicted of a domestic violence charge three or more times in the past and is charged again can be labeled a “habitual offender.” This is incredibly important because along with the label comes an automatic bump up from a misdemeanor offense to a Class 5 felony charge.
Required Evaluation or Treatment Program. If you are convicted but not sent to prison, you will be required to complete a domestic violence evaluation or treatment program.
Why Kimberly Diego Is the Colorado Domestic Violence Lawyer You Need to Beat Your Charges
There are a lot of criminal attorneys in and around the Denver area who say they can help with domestic violence charges, but most of them do not have Ms. Diego’s experience, knowledge, or pedigree.
She has helped all kinds of Coloradoans just like you to reach the best possible outcome in their cases, and her work has been recognized by clients and peers alike, including:
Super Lawyers — Rising Stars
National Trial Lawyers — Top 100 Trial Lawyers
Denver Award — Denver Domestic Violence Attorney Winner
Additionally, she has written extensively on the topic and knows the laws of our state inside and out:
Start Fighting Your Colorado Domestic Violence Charge Today by Contacting Kimberly Diego
If you are facing domestic violence charges, you have no reason to delay and every reason to act quickly. Unlike some cases that can seem to drag on forever, domestic violence cases in our state are fast-tracked.
I had no experience with the justice system when I got my charge and would have been COMPLETELY lost in court without Kimberly there to get me through the process! I was certain I would at least get probation and fines, but Kim actually got my case dropped in the end! I couldn't believe it! I had other lawyers tell me I was in for much more but Kim went above and beyond to get the job done with the utmost integrity and professionalism! I would highly recommend her to anyone needing an attorney. Thanks again, Kim!
Oct 7, 2015
by Annie on
hen I started looking for a criminal lawyer to help with my husband's criminal case, I went through many initial consultations with other lawyers which resulted in me getting turned away because they felt our situation was hopeless. When I contacted Kimberly via email to ask if she thought she could help, I had barely just sent out the email when I saw a response from her. She told me she was confident she could help us, and she just made me feel so positive about everything. Kimberly has always been quick to respond, and she is great at mixing her professionalism with her compassion for the law and helping people get through their issues. I never doubted that she would help my husband get his open warrant lifted while he could not appear in person. We currently live in Brazil and we needed his warrant lifted in order for us to be able continue the immigration process, and despite all of the odds against us, she still did it! I highly recommend her services if you are looking for someone who is personal and professional, good at what they do, and not afraid to take on difficult cases. My husband's case is not yet finished completely yet, but we know Kimberly will get us through it!
Oct 7, 2015
by G. on
I retained Kimberly Diego to represent me in a criminal case in 2010. I found her to be a very competent criminal defense attorney. She was able to assist me in getting my case dismissed. She knows the ins and outs of the Colorado courts and is able to offer sound advice based on that knowledge. Her fees were both reasonable and fair. I would highly recommend Ms. Diego.
Oct 7, 2015
by Stephanie on
My husband & I are very happy in having chosen Kimberly Diego as our attorney. She negotiated and got the best outcome for my husband's case. I recommend anyone needing legal help contact Kim as she not only is professional but also takes a personal interest in her client's and their final outcome. Again Kim thank you for your excellent representation!
Oct 7, 2015
by Robert on
We contacted Kimberly Diego for a DUI that involved some very difficult circumstances with law enforcement officers. Upon dealing with this very serious situation, I knew that it was going to be complicated and difficult to get through. I was facing my 3rd DUI conviction, yet the law enforcement officers in this case acted unethically. Kimberly was diligent in hiring two key investigators to gather information that would benefit my case, and in the end all the work aided in the DUI charge being dropped. Although my wife and I never want to go through a situation like this again, we would recommend Kimberly for a defense attorney. Her focus, will to not quit, and focus to the detail that was necessary for my case, were all key in her work with me. Kimberly is very busy yet we learned quickly that she was doing the work necessary to be ready for our court date. We highly recommend Kimberly!
Oct 7, 2015
by Dean on
I was truly fortunate to have Kimberly Diego as my Lawyer. She seems to practice law because she believes in the judicial process. Her negotiation skills and knowledge put me at my best advantage with respect to defending myself. It was evident in court that she was a trustworthy expert, and enabled me to enter a fair and reasonable plea. Her representation gave me confidence, and helped put my life back on track, a sort of reform that jail time or longer probation could never have accomplished. Moreover, Ms Diego is a realist, but still took on challenge. She went above and beyond what any other lawyers I spoke with could not even fathom. She did what was necessary to represent me in all aspects of my defense needs. Finally Ms Diego was efficient and worked quickly keeping the amount of billable hours to a number I could afford. I highly recommend Ms Diego as a defense lawyer.
Oct 7, 2015
by Brent on
Hello Kim, I wanted to thank you for representing me with my recent incident in the Boulder area. You wasted no time in contacting the court to address my case. We we received feedback from the court about my case, you were not satisfied with their statement for my outcome. You took the case back to them, and you presented reasons for them, to offer me a better deal. I believe I received the best outcome I could possibly receive, for my situation. If I have another opportunity to use you again, I would certainly not hesitate, in calling you for my representation. Thank you again, for your help.
Oct 7, 2015
by Sekou on
Kimberly is a true professional. Shes professional, but not cold and strictly business. Kim took time to listen and ask questions and never being in a position in which i needed a lawyer, she actually made me feel as though i was a friend of hers that was in trouble and in need of her help. Kim was there for me and with her help and true professionalism the "other side" resorted to dropping all charges. Im am grateful that i made that call to Kimberly Diego and i would highly recommend her to represent you in court. Again thank you Kimberly, although i would NEVER want to go through it again, im glad to have met you, im happy to have had you represent me and consider you a friend
Oct 7, 2015
by Travis on
I contacted Kim concerning a case, which involved Indecent Exposure charges. Throughout the entire episode, she remained professional and courteous. I found her fees to be reasonable and fair. I was prepared to plea to the lesser charge, in exchange for a dismissal of the Indecent Exposure charge. After she explained she got both charges dismissed, I raised both my hands in triumph.
Oct 7, 2015
by Wayne on
Thank you so much for handling our daughters shoplifting case. The results were better than we expected. The professionalism and courtesy you showed in handling our case, and the updates and keeping us informed were always well timed and more than adequate. If I ever have the need (or anyone I know has the need) for a shoplifting attorney, I will definitely choose you or recommend you. GREAT JOB!!!"
For a Free Consultation
Ready to take the first step towards protecting your future? Contact Kimberly Diego to schedule a free 45-minute consultation, where you can explore the unique circumstances of your case and determine your options. You can call Ms. Diego via phone at 720-257-5346, or simply fill out a free case review form to have a representative from the Law Office of Kimberly Diego contact you promptly.
Ms. Diego works with clients in the Denver metro area and beyond, including Boulder, Brighten, Broomfield, Castle Rock, Lakewood, Englewood, Aurora, White Ridge, Arvada, Westminster, Thornton, Northglenn, Fort Collins, and Colorado Springs. She has experience defending clients in all counties, including Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, Jefferson, and Lakewood.
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