According to Colorado law, domestic violence is not a separate crime but an add-on charge to any other crime. Domestic violence is an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. Domestic violence also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
Once the designation of domestic violence has attached to your case, it cannot be removed unless the prosecutor makes a good faith representation that he would be unable to prove the existence of domestic violence if you were brought to trial on the original offense.
In many cases, the alleged victim may say that they do not want to prosecute a case and may seek to reconcile with the defendant even though the Court has imposed a restraining order. Unfortunately, the alleged victim has no absolute right to demand that a domestic violence case be dropped. The prosecution may proceed with the case regardless of the alleged victim’s wishes and simply “let the courts decide” whether or not you are guilty.
A new felony charge in Denver can take on a much heavier tone once prosecutors raise the possibility of habitual criminal sentencing. A case that might otherwise be handled like many other felonies can turn into a high-exposure situation if the state claims your prior convictions qualify under Colorado’s habitual criminal laws.
The Law Office of Kimberly Diego defends people facing serious felony allegations and high-stakes sentencing threats in Colorado
Being falsely accused of domestic violence is a uniquely devastating and frightening experience. In Colorado, law enforcement officers responding to domestic disturbance calls are encouraged, and in many cases required, to make an arrest when probable cause exists. This means individuals can face criminal charges based largely on one party’s statement at the scene.
At the Law Office of Kimberly Diego, our Denver criminal defense attorney understands the legal challenges
Not every encounter with law enforcement in Denver is lawful. Police stops must comply with constitutional standards for protection against unlawful searches and seizures. When these standards are not met, your Denver criminal defense lawyer can challenge the evidence obtained during the stop. In some cases, this could result in reduced criminal charges or even dismissal.
If you are charged with a driving criminal case in Denver, the criminal defense